A 1947 Case of Theft of A Wrist Watch which resulted in transfer of two Magistrates..A case to show how Higher Judiciary in those days worked..

🍁A 1947 Case of Theft of A Wrist Watch which resulted in transfer of two Magistrates..A case to show how Higher Judiciary in those days worked.🙏

🍁 A man lodged a complaint in court that his son’s wrist watch was stolen by nephew of a Police Inspector.

🍁 Case was adjourned for one date after the another date because the Magistrate did not wish to displease the Police Inspector.

🍁 The man wrote a letter to high court. And next week, the Magistrate was transferred.

🍁 New Magistrate came. He looked at this peculiar case because of which his predecessor judge was transferred.

🍁 He adjourned the case for one week. And then called the Complaint and the Police Inspector at his residence. He pressurised the complaint to withdraw the case.

🍁 The complaint said proudly, “My name is Chhagan Bhovan. I do not withdraw my case which is true. I do not give in to injustice or to pressures.”

🍁The Magistrate said with equal pride, “Then my name is Maganbhai and you will see that your case is never decided.”

🍁 Next week, the Judge Mohanbhai simply adjourned the case for a month. The Chhagan Bhovan then wrote a letter to High Court again.

🍁 Next week, the Second Judge Mohanbhai was transferred. He was not only transferred, but he was also forced to resign by High Court…..He resigned and started advocacy.

🍁 Now the case was before a third Magistrate. He looked at the case because of which two previous magistrates were transferred.

🍁 Then he asked Chhagan Bhovan, “How could you say with so certainty the this wrist watch belongs to your son?”

🍁 Chhagan Bhavan replied, “Open the backside lid of wrist watch. In it, name of my son is engraved”.

🍁 The Judge called watch repairer. The backside lid of wrist watch was opened. There, the name of son of Chhagan Bhovan was engraved in small letters as “P.C.Thakkar”…..!!!

🍁 The Complaint won the case. The nephew of Police Inspector was convicted.

🍁 This case happened in court of Vadia village of Gujarat. The second Judge who had to resign because of this case, practised as advocate in nearby village Bagsara village for many years. The full name of complainant was Chhagan Bhovan Khunadiya. (Thakkar) #TrueStory

🍁 I write this post to salute the complainant Chhagan Bhovan and to salute judges of High Court in those days who used to take prompt actions to maintain faith of people in Judiciary.. …

🍁Even today we have got good justices in High Court… But somehow such stories are not reported to public.😔

Haresh Raichura (12/12/2017)

Value of Doing : Late CJI Y.K.Sabharwal, once said in a farewell speech, "I used to keep a boldly written phrase on my desk.

🍁 Late CJI Y.K.Sabharwal, once said in a farewell speech, "I used to keep a boldly written phrase on my desk. It read 'What you say or write may vanish. What you do, stays."

He stressed on "Doing".....Speaking or writing about good things is certainly good. But really, it is the good things which you do, that stays.🍁

Albert Einstein also one said,💞  "Nothing happens in Universe until something  moves." 💞

"Doing things" or "Moving Things" requires efforts. Whenever you may be feeling like "making an effort", you may be actually doing something or moving something.

- Haresh Raichura 6/12/17

THE JUDGE AND THE SPARROW

THE JUDGE AND THE SPARROW

‘Are We Left With No Standards?’
Judge asked counsel
Hearing a matter of national importance.

The counsel looked at one another
Then looked at clients
Then looked at the ground
To search for an answer.

In the evening when sky grew darker
TV and Media flashed the question
Across the sky and puzzled the nation.

In the morning when Sun rose again
Millions opened newspapers
And searched their souls
To look for an answer.

They asked to themselves:
‘What are our standards?’
‘Which are they?’
Days and months passed
Judge looked sad
His question no one answered!

Perhaps he asked too big a question
The judge mused.

Just then a little sparrow
Came from a window
And answered his question!

‘Sir, we do have standards.
Our Judges and Lawyers
Are of very high standard
Unparallel in the world!’

‘They are our Standards.’
‘They are our last hopes
To live in a nation
Which has misplaced its standards.’
Said the little sparrow.
*******
Part – II
******
Judge asked Sparrow,
“Why Standards of
Judges and Lawyers?
Why should we not  follow noble Standards of
The Priests and the Kings?

The Sparrow replied,
“The Priests and the Kings
Will destroy mankind
With evil use of their powers
Such is their nature.*

The God’s law is
To defend and protect the meek*
Against the Strong and the Unjust
And it is in the lot of
The Judges and the Lawyers.
To uphold this God’s law

Therefore, let mankind follow
The Higher Standards
As may be laid down
By the Judges and the Lawyers. 

Haresh Raichura
Advocate (c) 30/11/17
* These lines are inspired from “The Inner Fire” by Hon’ble Mr. Justice Rohinton F. Nariman, Page No. 114 (46.11), 134.

From Book by Rohinton F. Nariman : "That, in turn, made me take up the Bhagavad Gita, in which I found a direct philosophy dealing with duty, action, and detachment, including renunciation of the fruits of action.

From Book by Rohinton F. Nariman : "That, in turn, made me take up the Bhagavad Gita, in which I found a direct philosophy dealing with duty, action, and detachment, including renunciation of the fruits of action.

As a result, I devoured the book quite easily, and was able to appreciate it.

After reading the Gita, I began reading the New Testament in right earnest, and found beautiful passages in all the four gospels.

That then took me on to the Quran, which again, as a prescribed way of life, specific and clear in its instructions, made immediate sense to me.

Anguished by the fact that my own Zoroastrian religion made no sense to me at all, I met up with Professor Kaikhusrov Irani in New York (when I was about 25 years old), and it was he who sent me to Columbia University’s reading room, in which I began reading works by A.V. Williams Jackson on the Zoroastrian religion, as well as works by R.C. Zaehner.

After reading these books, the Zoroastrian religion slowly started gaining clarity in my mind.

When I realized that the Gathas – the most sacred text of the Zoroastrian faith – themselves were only in a language that was a sister of Rigvedic Sanskrit, I began reading the Gathas and attempted to discover their real meaning with equivalent Sanskrit words..."

"The Inner Fire: Faith, Choice, and Modern-day Living in Zoroastrianism" by Rohinton F. Nariman. Start reading it for free: http://a.co/3YcLemx

In a Divorce Case, can parties apply for mediation at any stage?

I am not sure about provision. But a week ago, a husband in a divorce ongoing case sought advice on phone. I suggested him to make an application to Judge that now at this stage he wishes to solve dispute amicably through mediation.

He did make application. The Judge halted on going evidence and adjourned the case. The parties are now in process of settling their dispute amicably.

I think a clarification is necessary by superior courts to make mediation possible at any stage in a family dispute case.

Law about Delays in Filing Appeals in HC & SC due to mental depression

Law about Delays in Filing Appeals in HC & SC due to mental depression and other conditions..Many times more than 2 years delays... ..

The courts are generally inclined to do justice to parties instead of throwing their appeals on technical grounds...

But many times, after losing a case, a client goes into depression. He loses faith in justice. He recovers from such depression after 2 or 3 years delay... And then he comes to file appeal. Here we have problems. Usually there are no evidence of depression because litigant may not have taken treatment... Then how do we convince courts that litigant was prevented from approaching court due to sufficient cause of mental depression?

Recently SC issued notice in case of physically handicapped person even if he had approached after 4 years delay....

Lord Denning in one article said that Delay should be counted only when a person has capacity to file appeal.

In cases of Depression, a litigant is incapable of taking decision to file appeal.

But question still remains, what evedences should be produced to prove temporary mental illness?

Sometimes those who fight a legal case... all alone, are rewarded with a beautiful resort place within a forest...

Sometimes those who fight a legal case... all alone, are rewarded with a beautiful resort place within a forest....

The Case: Government issued a notifications declaring a large area of land as "Forest Land"...

Many owners of land in this notified area were affected... Most of them did not fight.

One person decided to fight. He met a lawyer. He questioned and challenged the notification.

After many years, High Court accepted his case and the notification was set aside and declared illegal.

Government came to Supreme Court against High Court order.

Supreme Court clarified that notification is set aside only for the one person who challenged the notification.

It means that those who did not came to fight legal case, will not get any benefit.

So now in this large forest area,.... only this one man's land will be his own.... He will probably built there a tourist resort ... 🌼

Yesterday, I received a brilliant email in appreciation of my poems type book about Judges and Lawyers. I have quoted the letter below

Yesterday, I received a brilliant email in appreciation of my book. I have quoted the letter below as it is without editing :

Respctd. Sir,

I am Advocate Prachi Gupta, 2015 law graduate, learning the nuanses of practicing at Delhi High Court. I was buying a Bare Act when I found your novel Tomato Soup Vol.2 with the seller and the Prefaces were so amusing that I bought it then and there.

Although I could not find Vol.1 but I have asked the seller guy to get it for me if he could, by some ways.

Honestly, I love these short snippets that happen in courts on a day to day basis and I too have inherited the "Pata hai aaj court me kya hua...!" genes from my dad who is a Sessions Judge, in Delhi Distt. Courts. Thus the lamas talking about the wiring of judges and lawyers was on point and much relatable.

The incident of a lawyer sleeping for courts been closed for 15 years was just bang on, sir!!!!

I am of no stature to review the book written by a lawyer of such a high standing, but I could not stop myself from appreciating your work sir. I hope someday I ll also be able to see my transition from an Advocate to Lawyer to Senior Advocate :D.

Barring few spelling mistakes, the book is a must read and really looking forward to "Ek tha tiger, ek thi Cow". Aah! The counter FIRs and compromises and quashings.

I hope that Tomato Soup series does get a publisher for it to rock the stacks of Courts, Bar rooms and cafeterias. Best wishes sir. May the force be with you :)

Thanks.
Sincere Regards.

PRACHI GUPTA, Advocate

🌼🌼🌼🌼

This was great.
Haresh Raichura 10/10/17
The book may be found from dealer Shri Dashrath Arora, Delhi 085069 25226

Suppose if "One Category Number" is fixed for same type of cases, in courts, all over India?

💞🌼 Suppose if "One Category Number" is fixed for same type of cases, in courts,  all over India?

Suppose there are cases were landlord is seeking eviction of tennant. Suppose all those type of cases in India are given one category number like 99999991...

Cases were landlord is above age 60, then category 99999992
Cases where landlord is a lady, then category 99999993 etc..

Cases where rape victim is below age 18 then category 88888881
Cases where rape victim is above age 40 then category 88888887

Then what will happen?

It will be easier to club for all courts in India to club all such cases in category number 99999991.

Then they can be clubbed together. The case laws on these type of cases can be easily clubbed and seen from across India from all High Courts.

If fact justice can speed up faster if a "Common all India level categories" are determined and published.

Once such list of categories is published, it can be left on all High Courts to accept it or not as per their regional requirements.. Most probably all High courts will welcome it.

May be some software engineers can also help by developing  such software.

I think this can speed up justice.

Haresh Raichura 10/10/17

Just Imagine what may happen if Courts permit Amazon, Flipkart, etc to serve court summonses

Imagine ! Just Imagine what may happen if Courts permit Amazon, Flipkart, etc to serve court summonses to parties !

They will not only fast serve the parties but will also upload photos of party served along with his signature on mobile software....

Then serving of parties will not be a problem for courts in India. Even if the addresses were incomplete, these private services will find out and serve the party from their database.

They will also find out mobile numbers of parties with help of Facebook, WhatsApp, Airtel and other services.

In other words, once these private process servers are allowed, the justice could be faster....much faster...

Just imagine.

Haresh Raichura 09/10/17

Concerns about abuse of Social media by rival paid groups and concerns suggesting an Auto Regulator

Concerns on social media abuses by rival paid groups of social media :-

1) If a crowd or mob on social media goes wild afater someone, only blocking one or two tabs on search words can silence the whole mob.

2) This will need a Regulator and a regulatory authority.

3) What if this authority becomes biased or purchased? It will curb abuse of one section and will allow abuse by another section.

4) What if there is a mechanism by which all readers can individually report and abuse is blocked by an automatic software when certain minimum number of requests are made?

5) Is this possible? Is this possible in India?

Haresh Raichura 8/10/17

....Yesterday, I heard that a 17year old girl drank bottle of mosquito repellent liquid....

......Yesterday, I heard that a 17year old girl drank bottle of mosquito repellent liquid....

Now Try to See Legal and Social Consequences to her future husband and future in-Laws :-

1) Since attempt to suicide is now not considered offense, parents could get immediate treatment in hospital. The girl recovered fast. The episode ended peacefully.

2) The girl has history of being stubborn, too much demanding, mood disorders, and desires to control parents with threat to commit suicide if her wishes are not met.

3) The parents will probably hide such history from future would be husband and in laws. 

4) In future, if such incident happen at her matrimonial home, her husband and in laws may probably have to see jail.

🌼 Now the constructive suggestion : 

If Law is truly an instrument of social engineering, Law should ensure that pre-marriage psychological behaviour of a girl is also given due weightage while considering guilt of her husband and in-laws.

From cases,  I have seen entire families going to jail due to suicide of a wife who had some borderline  personality disorder.

Haresh A. Raichura
05/10/17

Should there be Municiple Laws or "Supreme Court or Green Tribunal guidelines" to punish with

Should there be Municiple Laws or "Supreme Court or Green Tribunal  guidelines" to punish with fines people who waste drinking water?

1) This is Municipal Law subject.

Only different Municipalities can make rules to impose Fines of Rs.500 to Rs.5000/- on people whose overhead water tanks are caught over flowing.

This is a daily morning scene in urban areas.

On terrace, each house may have put up a 1000 littre or so water tank and from these water tanks, drinking water is seen overflowing everyday.

Perhaps thousands of littres of drinking water is being wasted every morning.

2) Second option is "Judge Made Laws". Judges are given power to make judge-made-laws in areas affecting human life where law making bodies are not making any laws.

For this purpose, someone has to file petition in High Court or in Supreme Court or in Green Tribunal to pray for appropriate directions. The petition should have some credible data to support this argument.

Haresh Raichura 22/9/2017

An experiment to gently improve legal system in India

🌋 If you are reading this, you are participating in a Four Steps experiment to see if we can "Gently Improve a  Legal issue" with help of Social Media. It may take you some minutes to understand how this works. I have written this to explain to people about their power to initiate public interest issues.

Step 1)🌼 Write down your WISH:-

Here, for giving example, I have written following wish:-

"I wish that in every District Court, by placing display board, Litigants should be taught about advantages of filing "Class Action" or "Representative Suits."

Now let me explain my above WISH. 

Here, any 4 Persons can file one civil suit on behalf of lakhs of Litigants.

For example, if there is issue of Private Schools charging more from thousands of children, any four parents can file Class Suit and Court can direct all Private schools to refund excess charges to all the children, even if they may not have filed suits.

This saves thousands of judicial hours because instead of deciding thousands of cases, a Judge need to decide only ONE case..

Such suits can be filed in remote and smallest towns of India also. It is not necessary for people in small towns to travel to High Courts or to Supreme Court to take up public interest issues.

Step 2 🌼 Now, Write names of few Glorious and Strong Persons below the wish you want to be fulfilled. You can write any names that comes to your mind.

Here, I write following names below my WISH stated above:-

Hon'ble Justice M.N.Venkatchaliah, Hon'ble Justice V.N.Khare, Hon'ble Justice R.C.Lahoti, Hon'ble Justice K.T. Thomas. Fali Nariman, K.K. Venugopal,  Dr. Subramanian Swamy, etc. one can add as many names as one thinks fit.

Step 3🌼: Now, Write names of few Glorious and Strong Persons who may be officiating some official positions and who may be in positions to fulfill your WISH if they want to.

Write these names, below your WISH. You can write any names as per your imagination.

Here, I write following names :

Hon'ble President of India, Hon'ble Vice President of India, Hon'ble Prime Minister of India, Hon'ble Chief Justice of India, Hon'ble Law Minister. It does not matter whether you refer them by names or by their positions.

Step 4 🌼 Now, after doing this exercise, publish your write up in social media and leave your Wish to God. And forget about it ! If the God is willing, He will fulfill your WISH in due course.

This experiment is powered by following words of #GITA :

"If a man will express his WISH  before Glorious and Strong Persons, his Wish shall be fulfilled by God,  in accordance with merits of his WISH and in accordance with nature and Strenth of those Glorious and Strong Persons".

This is a time tested wisdom.

As for this example is concerned,  I now leave the WISH mentioned above to God. If this WISH has merit, it may be fulfilled by God as per His own way and as per His own timing.

Harwsh Raichura 21/9/17

S-269 Do you know about the simplest procedure by which Jurist T. R. Andhyarujina was designated as Senior Advocate

Do you know about the simplest procedure by which Jurist T. R. Andhyarujina was designated as Senior Advocate by the then Chief Justice of Bombay High Court...?

He passed away recently. He has unquestionable reputation as role model Senior Advocate.

Since 2015, a hot debate is going on in legal corridors about procedures to designate an Advocate as Senior Advocate.

Almost all Chief Justices confer such designation on basis of some recommendations. But now there is a debate. A case is heard and a pronouncement is bound to follow.

In 2015, I wrote following blog on how T. R. Andhyarujina was designated as Senior Advocate.

He was discussing his designation with some other Senior Advocates in lunch room. I was also then taking lunch in one corner of common lunch room.

So I overheard this discussion and wrote following blog post in 2015.

I think it is worthwhile to remember it again : Please see post dated 29/1/15 on this blog on this very topic.

Haresh Raichura 17/9/17

S-268 Are you thinking about filing some PIL or public interest litigation ? Then take some time and..

Are you thinking about filing some PIL or public interest litigation ?

Then take some time and think over following questions also :

Is any law or Rule violated?

Are the authorities acting contrary to their own published guidelines or directions or circulars?

Merely pointing out what is wrong is not enough for filing of a PIL.

You have to make research on above lines first.

Then you should also make a representation to Govt unless cause of PIL is very very urgent.

Haresh Raichura 17/9/17

S-266 A Junior advocate yesterday wrote me on WhatsApp that though he is highly talented and highly educated...

A Junior advocate yesterday wrote me on WhatsApp that though he is highly talented and highly educated, he is unable to get hands-on-exposure to legal work and guidance.

I replied to him as under :-

"It pains me to give some work to some juniors and then being unable to pay them. If you want only exposure to legal work and guidance from my experiences, it will be my Honour to be be associated with a highly educated collegue like you.

You are welcome.....I am 62. Already thinking about retiring and returning to Ahmedabad to practice in my parent Gujarat High Court..

While I am here in Supreme Court, I can guide you as much as you can......"

****

After writing this, I remembered an advice given to me by my Senior Advocate, Vasant J. Desai. He was so much well known for his honesty, integrity and competence that once he was considered by High Court for Judgeship along with then Justice M.P.Thakkar.

He advised me as under : "A junior should always search for an old age Senior or a Senior Advocate who has some physical disabilities. Here he has got more chances of exposures and hand-on-experienes and benifit of experience of Senior Advocate. He should work so hard that he should make himself indispensable to Senior Advocate. He should make Senior Advocate fully defendant on him"...

Well, I learned a lot from. When he had heart attack when he was sitting in his office, he himself drove himself to Hospital, got himself admitted in hospital ICU ward, and then informed his family members and then passed away in ICU before his family members and others reached hospital !

It was my fortune to learn about the wise path in this legal profession from tips he used to give now and then to his juniors.

Haresh Raichura 17/9/17

A suggestion given to a Social Activist who received threats by post to his life

A suggestion.

1)Make a "Dying Declaration in Advance". It should state your reasons for making such dying declaration, your prime suspicions, your efforts to diffuse enmity, etc.

2) Support it with an Affidavit

3) Put it in a Bank Locker.

4) Write a letter to CJ of High Court and to Chief of Police, that in the event of your unnatural death, the document prepared by you and kept secret by you in locker, should be treated as part of complaint as well as investigation.

5) Above all, first seek advice of good lawyer whom you personally know and trust since years.

6) This is just a tip. Please note that no one can give you any proper advice by replying you  on social media.

7) You have to walk to a problem solving Lawyer's office and have sit with him for hours to search for solutions of your problems. These often involves taking care of enmity for months or for years.

Regards,

180 Days of Sleepless Nights are over ......

Do you know that yesterday Supreme Court relieved  thousands and thousands of young couples who wanted to get divorce by consent but they were prevented by Law....

Till yesterday, they had to face two legal trauma and 180days of uncertainty. In this 180 days any of couple can take a u turn and can withdraw consent to divorce and can nullify all procedures....

Now, Family Court Judge will be incharge of the situation. The agony of 180 days of uncertainty is no more necessary... All over India, just imagine, how many couples may have felt relieved ...

LR-43 Warning (3) "A student stabbed Teacher in neck for not passing him in examination" This case was discussed in

"A student stabbed Teacher in neck for not passing him in examination" This case was discussed in an "Emotional Intelligence" book.

This may be future in India too if proper Education policies and guidelines are not framed.

The point I wish to make is if  Teachers are not allowed even to impose minor punishments like standing during class for not doing homework, the children may become arrogant brats when they grow up.

If you are a father, also you may be imposing some discipline on children.

Same powers should be given to Teachers.

Total lack of discipline, not doing homework, bunking classes, are Evils in schools, which grow up as major social problems.

Haresh Raichura 13/9/17

Is it proper for a Counsel to tell Court that "I am Harvard- Oxford Graduate and Doctorate and therefore I should be given

Is it proper for a Counsel to tell Court that "I am Harvard- Oxford Graduate and Doctorate and therefore I should be given more than necessary time to argue my case?"

The Supreme Court Judges were conscious that every minute of Court Time is valuable. Those are  public money which are being consumed for every minute of Court Time.

It is within power of every Judge in India, to curtail time of arguments when they feel that counsel is playing to the gallery and is wasting time of court. In Appeal, if Counsel feels that he was not given enough time to argue, he can state this as Ground No. 1  and Appellate Court can remand the matter for rehearing if it is so convinced.

But use improper language to a Judge who is unwilling to grant more time, is contempt of court.

On 8th Sept,2017, I was truly disturbed by hearing words of a highly educated Counsel.

Haresh Raichura 12/9/2017

S-264 Once a Supreme Court Judge summarised whole philosophy of life in three words, "Restraint, Restraint and Restraint".

Once a Supreme Court Judge summarised whole philosophy of life in three words, "Restraint, Restraint and Restraint".

This was many years ago. I was sitting in Court No.3. The presiding Judge was Hon'ble Mr.Justice SSM Quadri.

The case was of a husband and a wife. Both were present. The Judge was trying to persuade admant husband to reconcile with wife. Judge told him about value of invaluable support of a wife and then said, "Life is all about Restraint, Restraint and Restraint."

At that time I could not grasp meaning of his sentence. But I pondered over these words for many days to understand their meaning.

Finally, I understood this much. Life is all about exercising Restraint about whatever thing you may be doing."

If you are eating, do not eat in excess, use Restraint. If you are sleeping, do not sleep in excess, use some Restraint. If you are working, do not work in excess, exercise Restraint. If you are procratinating, do not do it excess, use some Restraint.

And if you are using Facebook, Twitter or Blogging, do not do it in excess, exercise some Restraint.

The moment we exercise Restraint, we gain power over whatever thing we may be doing.

Haresh Raichura 10/3/2017

🌼Future Courts🌼 Will cases be decided on mobile phones?

Will cases be decided on mobile phones?

I read this story some years ago.

A man was driving his car. He received a call from the Court.

The Court staff on other side asked, "The Judge is inclined to close your case with fine of 1000£ only.. Do you agree or do you want to contest?" The man replied that he was agreeable to pay the fine.

The Judge closed the case with fine of 1000£ on basis of this call.

In India also, this may be scene of one of the future Courts.

There are many cases which Judges can close simply by imposing fine and damages.

How soon this future is, that is a question.

Haresh Raichura 9/9/2017

Whether Supreme Court and High Courts should make it mandatory to file mobile numbers and emails addresses of Litigants in each case?

Whether Supreme Court and High Courts should make it mandatory to file mobile numbers and emails addresses of Litigants in each case?

Supreme Court already has a filing form which requires mobile number and email address of client. But these fields are optional, not compulsory, so mostly these are kept blank.

Here, I am trying to make out a case to make it compulsory to give these details by giving two examples.

1) In 1997, a brief Advocate came to give me a Criminal Appeal. He said his client was very very poor labourer and asked me to accept his case for Rs.10,000/-. I accepted it. Later I learned that he had extorted Rs.1,10,000/- in my name. He never allowed me to contact client. He never gave client my number.

2) Two years ago, a briefing advocate gave me a Land case and said his client has so much spent in High Court and Trial Court that he has now no capacity to spend in Supreme Court. He asked me to accept his case for Rs.50,000/- only. He also never allowed client to contact me, not gave me access to client. Somedays ago this case was over after a prolonged battle. The client managed to contact me. He expressed his gratitude and mentioned that briefing Advocate had taken Rs.7,00,000/- for this case in my name and was demanding still more, so he found out my contact and reached me.

Between 1997 to 2017, there are hundreds and thousands of such stories.

I have no complaints or grievances about this. But I therefore think that disclosure of full contact details of clients must be made mandatory to be filed in every court.

In fact, in April 2017, in video conference case, SC has requested all High Court to set up one email id and one phone number in each District Court where Litigants can make inquiries about cases. Each Court is required assign a person duty to give suitable replies to emails of Litigants.

I think, the Courts are in process of reforming the system.

Haresh Raichura 9/9/2017

SC : "What kind of daughter-in-Law you are? You want your Father in Law and Mother in Law to leave their house which is in their name?"

"What kind of daughter-in-Law you are? You want your Father in Law and Mother in Law to leave their house which is in their name?"

The shocked Judges asked the Counsel who was arguing on behalf a wife while dismissing her case.

I was also shocked to hear this case. Strange are the matrimonial disputes and acrimony resulting thereof!

At one time in past, Daughters-in-Law used to put conditions to Husbands that they will come to matrimonial house only if the husbands rent a separate house and start living away from their parents.

Perhaps, the views of Judges may be changing with changes in reality which they see through cases coming before them.

S- 262 Do you feel tension when you have a case to argue in court? Do you also feel tense before one day?

Once I discussed these stress issues with a Senior Advocate.

What he said was brief but highly instructive. He said, "When you have not read a case, you feel stress."

After this insight, I noticed several Lawyers who looked relaxed. I noticed that some of them had completed reading three to four days ago. This made them stress free.

I also noticed an other Senior Advocate who read his cases twice. Once, four days in advance. And once, the day before hearing date.

I think you also must have your own interesting method of reading cases.

Haresh Raichura 6/9/17

S-261 "Resist no evil"...

S-261 "Resist no evil"... Tolstoy reasoned a lot on these words and said, "I will follow these words even if I may be only one person on Earth to follow these words".

His writings influenced Gandhiji and he followed these words "Resist no evil except through love and non-violence"

The both may be wrong or the both may be right in their reasoning. But they did follow what they strongly believed.

Haresh Raichura 1/9/17

Know the way Bank Locker Fraud happens. (Based on an overheard Court case)

Warning (2) Know the way Bank Locker Fraud happens.

(Based on an overheard Court case)

1) When you are given key of Bank Locker, already someone connected with bank, has made its duplicate key.

2) But this duplicate key is not enough to open locker. Another key, kept with locker-in-charge, also has to be used for opening locker.

3) Then one night, it is reported that someone entered bank, broke open the drawer of "Locker Key Incharge" clerk.

4) After somedays, when you go to check locker, you found it empty.

If you file criminal case on "bank locker key in-charge clerk", he will be acquitted by criminal court on the ground that somedays ago, his drawer in which he used keep keys, was found broken.

Advice: Keep checking your locker frequently. If you have not insured the contents of bank locker against theft, probably, no one can restore what you may have lost.

Haresh Raichura 1/9/17

Would Municipality be liable to pay damages for death of a Doctor slipped away in open pothole during a heavy rain?:

Would Municipality be liable to pay damages for death of a Doctor slipped away in open pothole during a heavy rain?:

Case is of law of Tort. Whosoever has duty to take care, but neglects to take care, will be liable to pay damages.

Defense of Municipality is, (in this imaginary case) that some local residents removed the lid of pothole due to heavy rain, and the heavy rain is Act of God, and therefore, Municipality is not liable.

Defense of Act of God is not tenable. Because, cause of death is due to slipping in an open pothole. It is duty of Municipality to maintain such holes in safe condition.

Second defence "Some local resident removed lid" is a matter of Evidence. Most probably, Municipality will not find witnesses.

I have written this only for public education purpose. This is not a general legal advice.

It may be noted that after 2008 Justice #Katju judgement, even Govt hospitals are liable for damages for negligence.

Cost of filing a PIL or a Public Interest Litigation in India

S-259 Cost of filing a PIL or a Public Interest Litigation in India

There are many Senior Advocates and other Advocates, in Supreme Court and in High Courts, who will be willing to argue a PIL without charging any fee.

Preparation of filing a PIL may involve costs of

1) Making a representation to Authorities if it is not already made
2) Cost of preparing, typing, making copies of necessary case paper books,
3) Cost of clerkage of clerk
4) Cost of a Junior Advocate in putting papers in chronological order and preparing draft.
5) Court Fee of about Rs.500/-

Total cost may be between Rs.10,000/- to Rs.20,000/- for a "Not Very Tough" PILs in India.

Haresh Raichura. 29/8/17

5000 Years ago today, a Mysterious Man was born among us. He used to...

5000 Years ago today, a Mysterious Man was born among us. He used to help us even if we were not his relatives or friends.

One day, we asked him who he was. He said he was a God and He added that all Glorious and Strong Persons  of all centuries are also Parts of God.

He said all we need to do is to identify and follow such Glorious and Strong Persons and they will lead us to that which is good for us.

His name was Krishna. Today is his birthday.🌼

Haresh Raichura 15/8/17

S-244 Learning Arguments (5)

Argument :"Your Honour, Let the accused go abroad. I personally assure Your Honour that he will return."

First, reframe this argument.

1) Let the accused go abroad
2) Because I give personal assurance.

Here, Statement (2) has logical fallacy of Ipse Dixit. Ipse Dixit means "Because I say so."

The argument is very weak.

Haresh Raichura 14/8/17

S-243 Learning Arguments (4)

Argument is made that

1)A big tragedy happened in hospital 2) Therefore Chief Minister should resign.

First, put this argument in logical format. A logical format has three parts.

1) A big tragedy happened in hospital 2) Whenever a big tragedy happens in hospital, a Chief Minister resigns 3) Therefore, Chief Minister should resign.

Now evaluate this argument.

Statement 2) is not true. So the whole argument is not true and it fails.

Haresh Raichura 14/8/17

S-242 Learning Arguments (3)

Before counting of votes began, one party raised objections about two votes and pleaded to Election Officer to disqualify the two votes.

Other side opposed that when votes were being dropped, no objection was raised. Thereafter votes were certified as in order. So now at the time of counting votes, such objections cannot be raised.

Law: When there is no Rule about when an objection can be raised, then the objection has to be taken within reasonable time.

Here, objection is raised before counting of votes begun. So it is raised within reasonable time. No prejudice is caused. So objection is validly raised within reasonable time.

Haresh Raichura 14/8/17

S-241 Learning Arguments.(2)

Government says that it has suspended the Doctor. The Doctor argues that he had already sent resignation.

Law: Argument of Doctor is not valid. A resignation is not complete until it is accepted. Here, Govt suspended doctor and did not accept resignation of Doctor.

Haresh Raichura 14/8/17

S-240 Learning Arguments (1)

Learning Arguments (1)

Argument : CC TV should be removed from college premises.

Reason given : CC TV footage can be misused. There are instances where it is actually misused.

Arguement is not tenable in law. If there is any Rule, Law or System which is likely to be misused, is no ground to discard such law, Rule or system. If any misuse is done it has to be dealt with separately under law. A Law cannot be set aside by giving examples of some abuses. Abuses of law are different issue.

Haresh Raichura 13/7/17

S- 239 Before filing any PIL Public Interest Litigation, you must make a representation

Before filing any PIL Public Interest Litigation, you must make a representation to government. In case you wish to file a PIL exposing some scam, you should first ask for action to CBI or to other appropriate Investigating Agency.

These are normal preconditions.

All PILs basically seek a writ of Mandamous. Such a writ lie when Govt refuses to take action or when it is not taking any action.

This can only happen when Govt refuses such representation or when it does not take action on such representation.

Haresh Raichura 12/8/17

A small message to an activist

Today I wrote these words to a social activist who is working in small villages to improve conditions of farmers in distress:-

"You are seeing poverty and stress of people directly. These all exposures may also be changing you from inside. You may be gradually transforming from inside. Written and  read words do not change core being of people. But deeds and exposures do change people from inside 🙏🌼

S-237 Should Money Related litigation benifit only the wrong doers?

Should Money Related litigation benifit only the wrong doers?

A number of laws in India says that Court may grant 6% per annum interest for period during which such litigation is pending.

Now this benefits only the wrong doers. The insurance companies, banks, institutes or other private borrowers are encouraged to deny or to delay rightful dues to citizens.

Aggrieved party will have to go to Court and after years of litigation, he may get only 6% interest for the period during which such case is pending. Sometimes 7.5% and sometimes 9℅ interest is given.

Whereas this very person may have to pay 40% annual bank interest including all other charges, if he borrowed any personal loan.

The Laws here appear to be loaded in favour of wrong doers who deny or delay payments due to common citizens. Many cases are therefore prolonged in courts due to one sided laws.

Bindingness of criminal case judgements in criminal law

S-236 If Superior Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"...then there will be chaos and uncertainty in all criminal cases unless such words are understood in proper context.

When a lawyer will cite precedents in trial court, the judge can disregard all those citations by writing one line that "facts on those cases are different".

Thus all precedents will lose their persuasive value. Stability in law will become subjective and outcome of case will be different as per subjective views of different Judges.

The truth is all judgements are given in the context of certain facts of each case. But underlying principles of law and of evaluation of Evidence remains the same.

Even when facts are different, the law and observations and principles discussed by superior courts are still supposed to have some binding value on lower courts to prevent uncertainty in Criminal Law.

Perhaps some balance can be found between Cetainity of Law and Certainty of Justice. Reasons are the only footbridges to Certainty.

Haresh Raichura 31/7/17

S-229 Test of your strength begins when someone gives you a seat of power.

Test of your strength begins when someone gives you a seat of power.

Suppose an honest man is given a post of a High Court Judge. What happens from next day?

Serpents of Temptations start circling him from the moment he sits on seat of Justice.

These Serpents of Temptations are deadly. They will attack him when he may have a moment of weakness.

And the corrutors? They start circling him like a whirlpool of Black Oil.

Their aim is to somehow tame you and to make you corrupt.

If you refuse to be corrupt, a campaign of false allegations will begin to brand you as corrupt.

Gradually, for persons who are honest from core, strenth begins to come from the Chair of Power itself. They begin to learn the art of balancing the Good and The Bad.

To do this they have to rise above both, the Good and the Bad.

But whatever he may do, this is like walking on edge of sword all the time. One false step and he goes all the way down, down and down.

A Judge really feels relieved from this tension only when he retires.

If you are a Junior lawyer, preparing for judgeship, it may help you to think over this in advance to be well prepared to fight against the Serpents of Temptations.

Haresh Raichura 26/7/17

S-228 Giving Traing to Junior Advocates.

Giving Traing to Junior Advocates.

Some Senior Advocates have some methods to train new junior Advocates who join their office.

These methods are of two types:

1) You are given a file. You have to sort out papers chronologically as per dates.

Then against each document, you have to write in a paper whatever you think fit.

This practice will sharpen your ability to comprehend documents and to restate what you comprehend.

2) In second method, junior Advocate is asked to sit in court and to hear arguments of any given case and to make whatever notes he wants to make. These will sharpen his listening skill, comprehension and restating skills.

The Senior Advocate may or may not see these notes. He may or may not give any feedback or guidance on how to make better notes.

And yet, these methods automatically improves skills of Junior advocates.

Haresh Raichura 25/7/17

S-227 There is a difference between following two paths: Being and Appearing.

There is a difference between following two paths:

1) I wish to appear like a ________.

2) I wish to be a _________.

First path is false. It leads to unstable grounds.

Second path is about being something. It is about changing something from inside. It leads to some solid grounds.

Haresh Raichura 25/7/17

S-226 Self Confidence

Self Confidence does not come without blessings of Parents.

S-225 What happens when a larger bench of Supreme Court sits to re-examine judgements

What happens when a larger bench of Supreme Court sits to re-examine judgements which may be held to be a good law for many many years?

These Judgements become "just opinions" when these judgements' correctness is being considered by a larger bench of Superior Court.

Superior Courts starts searching "What made those Judges write such opinion".

They go into background of Case.

Then they go into cultural and social values and times when those Judges formed those opinions.

Then they compare such opinions with opinions given in similar circumstances elsewhere also.

Logic underlying these opinions is also reexamined.

Then finally a final opinion is given looking to present cultural and present legal values and its implications to masses.

Thus a judgement which may be a very sound law for many years, suddenly becomes vulnerable to a new interpretation  when it is being re-examined by a larger bench of Supreme Court,  after lapse of a decade of time.

Haresh Raichura 21/7/17

How to seek financial help for doing some social work.

S-234 How to seek financial help for doing some social work. These are my personal views.

1) Such help usually comes from unexpected people. People from whom we expect help usually say No.

2) Desire to do social work must be translated into a professional project report. It should state objects, sources of land or premises, costs of land or premises, costs of registration and legal and administrative expenses, sources of income for the project, number of paid employee needed and output of volume of social good it may generate.

3) Then the report must be brought to notice, through letters, of about 500 people who may be connected with similar social work, who may be interested and who may help....No emails, no Facebook messages, no WhatsApp messages. No pain, no gain. ....Posting 500 letters may be costly. Preparing project report may be costly. But no pain, no gain.

4) If even one of these person will show interest in your project, he will first verify about you from his own sources. Are you a reliable and competent person? This he will try to check out first. If he will see your selfish motives behind the project, he will just cool off and will show no further interest

5) I generally believe, that there is no shortage of charity giving people. They come from all religions. They have one common habit. They do not like to be misled. They do not like to be guided and advised by others about where they should give their charities.

6) If none of the 500 persons show interest in your project, then probably, time may not have come for your project.

Haresh Raichura 21/7/17

S-223 A Judge gets an opportunity to serve large number of individuals

A Judge gets an opportunity to serve large number of individuals during his lifetime.

He hepls small people. He helps big people. He often saves weak persons from tyranny of strong persons.

If "To do Justice " is his passion he works day and night.

Time flies faster for him.

He has to work in a system. The system may be slow or it may have flaws. He has to follow rules of the system.

Now and then, he thinks about his own promotion. Then he becomes aware that there is a thing called politics or patronage from above, necessary from somewhere.

But then he forgets. He has little time to think about such things. Here, at the place where he is, he has yet a lot to do. Here, there are so many people who want justice from him.

While doing justice in every case, he learns a lot about laws and also about human nature.

Some people will never be satisfied even if he has done full justice to him. And some people will remain obliged to him for their life even if he had just nudged other party to become reasonable.

He will be lightly aware about all sorts of right and wrong things being said about him in corridors of court lobbies. He would be faintly aware about some Lawyers charging bribe from clients in his name.

But he will have little time to think about these. These are things over which he has no control.

He will feel a pinch in heart, when his just order is set aside by a superior court without even reading the reasons given by him. But these are again things over which he has no control.

Gradually, his work teaches him to focus on the present moment and present case. He learns to forget things over which he has no control.

He gradually becomes a Stoic.

Haresh Raichura 21/7/17

S-213 An intelligent way to win a case without any proof.....

On bench 5 Judges were sitting.

They asked Zadig, "Do you have any proof or witnesses to prove that you have given loan to this accused?"

Zadig said, "I have no witnesses. I took nothing in writing when I gave loan to this man. But I gave this loan when we were sitting on a square stone. That stone will give evidence. Please permit me to bring that stone as my witness. The big stone is far from here and it may take an hour to bring it here.. Please let me call for this big stone at my cost."

The Judge granted him permission and asked him to bring the stone at earliest.

Then it became 4 pm.

The court time was about to be over.

Judges asked Zadig impatiently, when his stone was coming.

Zadig said it should be coming in about half an hour.

Just then the accused shouted, "My Lord, Zadig is wrong. That stone is 500 km away from here. It will take two days to bring it here!"

Judges, turned to accused and said, "So it seems that you did took the loan. Otherwise, how would you know that the stone is 500 km away from here?

Thus, Zadig won this case even if he had no proof, simply by admission of accused.

This story is retold in my own way, from original story Zadig written by Voltaire in about year 1700.

Haresh Raichura 7/7/17

S-212 Secret of being a good human being = Judge others favourably.

Secret of being a good human being = Judge others favourably. Give them benifit of doubt.

This is hard to do, but it works.

The moment I say that you are a good human being, I am Judging you favourably.

It instantly, for that very moment, makes also me a good human being !

S-211 Plight of Lawyers who fight cases for husbands.

Generally, I avoid taking cases for husbands. But sometimes, once or twice, I had to take such cases where I see gross injustice for husband and his family.

These are hard cases.

There is a phrase called "Judicial Prejudice"... It means Judges will be preincliend to dismiss case of husband and to let the wife win.

It is since time of Mahabharata. Lord Bhishm also refused to use his weapons against a woman.

But we are talking about plight of Lawyers who take up and fight cases for husband. They suffer personal psychological defeats in mind when they lose such case.

Today, I had to appear for a husband and to expose his plight. It gave me stress to read his case overnight and to imagine his plight and plight of his parents. In many cases one of the parents dies due to stress of a false DV case..

But fortunately today was a good day. Their Lordships listened. They passed a win-win order. The husband felt happy and relieved.

So did I feel. I felt too relieved and happy.

To hear or to read stories of warring wife and husband never refreshes our mind. They only make us sad.

No one knows why laws relating to wife and husband are so loosely drafted. The words and phrases used in such laws are hardly capable of being defined with certainty. They are more subjective and less objectively verifiable. This give birth to thousands of false cases. Every unhappy marriage now becomes a battle in Criminal Courts.

Untill some law minister decides to bring certainty in these law, every husband who is fighting a matrimonial case has a lot to complain about.

Haresh Raichura 7/7/17

S-210 Do you know about easiest way to take control of Automatic Nervous System of your body?

Do you know about easiest way to take control of Automatic Nervous System of your body?

Many parts of our body continue to work automatically 24/7 day and night. Over these organs of body, we have no control. They are lungs, heart, liver and a million other parts in our body.

#Krishna has described one such method called Pranayam in #GITA.

It is process which directly tries to train automatic nervous system of body through spaced timing of inhale and exhale process of   lungs.

The experts believe that we are not collection of parts, but we are one piece. It means that if you improve function of any one part of your body, all other parts of your body will also improve because the whole body is one piece and all parts are interconnected.

Thus, if Pranayam improves automatic nervous system controlling lungs, it will also improve automatic nervous system of whole body. Pranayam should be done however under medical guidance.

Haresh Raichura 4/7/17

S-208 Suppose you are a lady law student. You study in a prestigious law college. You come from a

Suppose you are a lady law student. You study in a prestigious law college. You come from a well to do family, all college expanses are paid by parents.

Now suppose, you are offered a part time job to work as sales girl at a pharmacy shop. Will you accept the job?

Probably not.

A distant relative of mine living in Australia is exactly doing the same. She comes from a well to do family. But there is social culture that everyone above age 18, must do some part time job and should earn enough to pay their study bills and to pay vacation tours. There is a Law permitting stufents to get part time job for certain hours per day. Everyone is supposed to be aware of his or her responsibilities after age 18.

Compare this with our social mindsets. What do you believe in such social set ups?

Haresh Raichura 2/7/17

S-207 Life is game of chess

Life is game of chess where the player, playing opposite to you is God. If you let Him win few games, He may let you win one or two games. Keep paying. - Haresh Raichura.

S-206 Give compliments.

"I can live for two months if someone gives me a good compliment" - said Mark Twain once.

How about you?

If you can live on good compliments, you can try and see what happens to others when you give them good compliments.

-Haresh Raichura 1/7/17

S-205 A Pencil that does analysis :-

Since many decades, #Natraj pencil company, pruduces pencils which are half blue and half red. In depositions of witnesses, I underline with red side  pencil, the lines which are against my client. And I underline with blue line, those lines which are in favour of my client. This simple pencil, which is an analytical tool, has still not gone out of fashion. Many Lawyers still like to use this type of pencils- Haresh Raichura

S-204 How Lawyers can defeat and fight stress ? A way :-

How Lawyers can defeat and fight stress ?

India's top Senior Advocate Shri K.K.Venugopal was giving some tips that day in Supreme Court Bar.

One tip he was giving was about Yoga. He said every day he sits for 45 minutes in Yoga practice.

His tip made sense to me. As the work increases, stress also increases in life of a lawyer.

Then once I tried to act on his tip. I hired a Yoga Teacher. He agreed to charge Rs.6000/- per month for coming to my home, daily at 6:30am to help me in doing Yoga exercises for 30 minutes.

It was a good idea but some how I discontinued after 2 days. This is natural. When we start such things, old habits resist us very much. The resistance is very high for first three weeks. I dropped out.

It was my wrong decision. I regret it now.

Haresh Raichura 24/6/17

S-203 Assume that every legal case is a game of chess. Clients have already

Assume that every legal case is a game of chess. Clients have already move some pieces in wrong directions when they bring the case to you.

Now as a lawyer you have to play the game on behalf of client where some moves have been already played by the client. Some games can still be won. Some can't. - Haresh Raichura 23/6/17

S-202-" Thou shall not walk faster than your wife"... This was one of the commandment of a

" Thou shall not walk faster than your wife"... This was one of the commandment of a 10th century religious practice, as I read in a great book.. I think this commandment is valid today also. If newly married couples followed this commandment, there could be fewer divorces.

S-201 Once upon a time, there was a religion which believed that Nature is God and He communicates with us in sign

Once upon a time, there was a religion which believed that Nature is God and He communicates with us in sign language. In jungle they used to look for signs. Through the signs they used to understand message from God. Then they used to write these signs on stone walls of caves.

In one of their sign, a solder was shown was sitting on a horse with weapons like guns. His pockets of shirt and trousers were over stuffed with currency notes. An arrow had pierced through his chest.

This picture was a sign to convey to them and to future generation that all the power and the currency notes, stuffed in all pockets, are useless when death comes.

This religion had no text books or scriptures. Signs and their meanings were conveyed by words of mouth from one generation to another generation, by words of mouth.

The presently this religion is perished.

Haresh Raichura 23/6/17

S-199 Careers of many a talented Lawyers are ruined by bad habit of participating in gossips

Careers of many a talented Lawyers are ruined by bad habit of participating in gossips in Bar Rooms.

Such gossip usually involves some slander about some Judge or some lawyer.

The speaker and listner both become guilty of slander.

In India, process of selection to High Court Judgeship is highly sensitive. A person indulging in listening or speaking slander is not considered of a good virtue for judgeship.

Because, the speaking and listening to slander implies habit of "Judging without evidence".

The person speaking or listening to slander soon becomes a "storehouse of prejudices" which is itself a  disqualification for judgeship.

If you are a young lawyer aspiring for judgeship, and if you hear slanders mixed with laughters, going on on some table of Bar Room, just walk away from that table.

Haresh Raichura 22/6/27

S-198 A room in a multistorey building used to light up at 2:00Am and used to go off at 4:00am. There lived..

A room in a multistorey building used to light up at 2:00Am and used to go off at 4:00am. There lived a lawyer who later retired as a Supreme Court Judge.

One of his neighbour in that multistorey building told me this story.

In that apartment a lean advocate used to live.

He was on panel of Govt pleaders in Gujarat High Court. Everyday he used to prepare many cases. His day time was consumed in meeting with Govt officers, preparing replies and filing them.

At night at 2:00am he used to wake up. The light of his room used to light up. The light was visible to people who lived in nearby apartment.

Till 4:00am he used to prepare arguments in cases listed on that day. At 4:00am light of his room used to be switched off.

He worked hard and burnt midnight oil as the polular saying said.

He was elevated to High Court Judgeship. Then elevated to Supreme Court and since some years his lordship has retired.

Haresh Raichura 21/6/17

S-197 "I do not know what is a Good Case and what is Bad Case. I only know.....

"I do not know what is a Good Case and what is Bad Case. I only know what I am supposed to argue in court" - A Senior Advocate told me this many years ago.

It means, you should have ability to put out all other thoughts from your mind while preparing your arguments.  Focus only on what you are supposed to argue.

Haresh Raichura 20/6/17

S-196 How Courts and Lawyers pay tributes when a celebrated lawyer or judge passes away.

In High Court and in Supreme Court, such references are held in first Court, where all Judges preside and where President of Bar, leading Lawyers and chief Judge give tribute to the parted soul by remembering his noble nature and work. And the regular Court work begins after such reference is over which lasts for 30 to 45 minutes.

Haresh Raichura 20/6/17

S-195 Simples way to analyse any problem, legal or other.

To divide a task in 10 parts is a skill. It causes exercises in brain. For example, try to divide this update in 10 parts by encircling groups of words. You may instantly see the difference  if you actually do this exercise. ...Then, if you divide a task in 10 parts, you have to make a list. This is a second great exercise for brain.

Haresh Raichura 18/6/17

S-189 Two phrases with which first generation young lawyers should become familiar:

In early years of law practice, the income of a first generation young lawyer in legal profession is very low as few clients may be willing to put their case in hands of a new lawyer.

He should therefore become more familiar with two phrases :-

1) Financial Security Net  &
2) Financial Budget.

There should be some financial support or promise of support, from family, freinds or from banks, or from Senior Lawyers to enable him to carry on for atleast two years even if his income is low. This is his "Financial Security Net".

Second phrase "Financial Budget"  means some rough idea about his minimum expenditures for two years.

Once he becomes clear about these two concepts, he will find strenth to survive on his own.

Haresh Raichura 14/6/17

In early years of law practice, the income of a first generation young lawyer in legal profession is very low as few clients may be willing to put their case in hands of a new lawyer.

He should therefore become more familiar with two phrases :-

1) Financial Security Net  &
2) Financial Budget.

There should be some financial support or promise of support, from family, freinds or from banks, or from Senior Lawyers to enable him to carry on for atleast two years even if his income is low. This is his "Financial Security Net".

Second phrase "Financial Budget"  means some rough idea about his minimum expenditures for two years.

Once he becomes clear about these two concepts, he will find strenth to survive on his own.

Haresh Raichura 14/6/17

S-188 "Merely pointing out injustice to court is not enough. You have to put it, inside the legal framework."

Many years ago, I had appeared in a case before Hon'ble Justice Doraiswami Raju.

At that time, I had a vague notion that it is enough to point out to Supreme Court that gross injustice is done. Thereafter, their Lordships have powers under Art.142 to pass any order to do complete justice between the parties.

I had accordingly highlighted only injustice in my petition.

At the time of hearing, the then Hon'ble Justice Doraiswami Raju pointed out and advised to me that "Merely pointing out injustice to court is not enough. You have to put it inside legal framework."

----------

Now what is "Legal Framework"?

When a client tells us story of injustice done to him, he is speaking "Outside Legal Framework". Because he has no idea of principles of Evidence Act and other laws involved in his case.

But a lawyer, who has done special study of laws, is supposed to speak about injustice with reference to provisions of laws. This is called, "Speaking within the Legal framework".

Haresh Raichura 14/6/17

S-185 How to read a Legal Case Paper Book...

I observed this method in a senior advocate who is now a sitting Judge in Supreme Court of India.

Method:

A legal case paper book is a bound paperbook. It's pages are numbered from 1 to 200 or so.

Before page No. 1 starts, there is an Index Page. All documents contained in paperbook are titled and numbered here as 1 to 8, 9 to 25, 26 to 94, 95 to 120 etc.

Now reading this paper book, suppose on page 89 you come across a para which you would like to show to Judges during hearing of Case.

Then turn to index page, find the document in which page 89 is found, in this example, it will be in document included between page 26 to 94. Now against this document, on Index Page in margin, write 89.

If what is there on page 89 is very important, you can also put a circle or other mark on 89.

Soon on Index Page, you will have also numbers of most important pages to which you want to draw attention of Judges.

When you want to review your case while sitting in Court, all you need to see pages and marks you have made on Index Page. You can refresh important points of your case and memory by looking at just this index page.

I do not say that this is the best method. We all are different. You may have to evolve a method which suits you. No need to follow someone else.

Haresh Raichura 13/6/17

S-186 Concentration in reading legal briefs.

Everyone can pay attention to activities which one likes to do.

But Concentration is when one can pay attention to work which one is required to do even it is not a joyful work.

This is the test.

Haresh Raichura 14/6/17

S-187 Wit and humour are not sufficient to win a case.

Some lawyers are very witty. They have excellent command over English.

But these by itself is not sufficient to win a case.

When a case has no merit, they too fail inspite of all their wit, humour and command over English pronunciation.

Haresh Raichura 14/6/17

S 148 Lawyers, like all people, should deliver contribution to

Lawyers, like all people, should deliver contribution to wellness of the society in return of fees they receive.

Blaming arrears of cases, lack of Judges, problems in the system etc type excuses, DO NOT absolve them from their duty to deliver.

Since Law is called Noble Profession of Serving Human Beings, their focus should be more on "Giving" and less on "Receiving".
Haresh Raichura

S 147 "The Fees which I receive for my professional work, are actually determined and paid by the Universe.

"The Fees which I receive for my  professional work, are actually determined and paid by the Universe.

I am paid in accordance with my merits, my work and according to the desire of Universe.

The clients who actually come and pay me fees are actually just the currier men/agents of the Universe.

They just deliver me Fees for my work, as per wishes of the Universe.

So actually this Universe is my paymaster.

Whatever I have received, have been sent to me from Universe.

Whatever I receive, I receive from Universe."

- Haresh Raichura 14/5/17

S 146 "No one can and

"No one can and no one may help you. You alone can help yourself."

- Buddha
.

A Comedy Drama was going in a theatre. Suddenly fire started in back side of theatre.

A Comedy Drama was going in a theatre.

Suddenly fire started in back side of theatre.

A clown came up running on stage and started shouting,

"Fire ! Fire ! Everyone get out ! Fire ! Fire !"

Everyone started laughing..

They kept laughing and soon the whole theatre was surrounded by fire.

And all were burnt.

This is how the world may come to the end.

This is how a philosopher named Schopenhauer saw the end of the world, in around 1818, about 199 years ago.

S-145 Come out from behind the clouds.

"Come out from behind the clouds, and shine like the Moon"

- Buddha

S- 144 Reading biographies of great lawyers may not help much... Doing exercises which they did... helps.

Learning about great people and their work is good. But this does not change us.

What changes us is "Exercises" that we do. It is the exercises which shape our brain and body.

If we do brain exercises, brain sharpens, if we do physical exercises, our body develops.

Here, Law of Cause and Effect works with some assurance.

Whether we want or not, our Exercises changes our mind and body.

Haresh Raichura 13/5/17

S- 143 Language of Actions... In fact an unbroken chain of actions.

Before 1947, there used to be a man who used to speak less. He was continuously doing one thing after another.

When there was nothing else to do, he would sit down and will start spinning cotton on a spinning wheel.

His name was Mohandas Karamchand  Gandhi. He used to speak "Language of Actions".

Once a person learns Language of Actions, he has less need to speak.

Haresh Raichura 13/5/17

S-142 Body Language of a Lawyer while discussing a case which is "Life or Death" type situation for client

Sometimes, clinets come to discuss which is matter of life and death for them. Sometimes, they are facing financial death. Sometimes they are facing prospect of going to imprisonment for life term.

While discussing such cases, a lawyer need to be a little mindful of his body language.

"So What?", "Who cares?" type attitudes, joking in between, keep looking at mobile social network sites during discussion, talking with other clients on phone at the same time, shouting over to the staff, blaming the system, etc type of attitudes should be avoided if possible.

The client is already in serious trouble. His misery should not be increased by showing a jovial attitude about everything.

Haresh Raichura 13/5/17

S 141 Acknowledging Ignorance and the "Attitude of Finding Out All the Latest Law about this"

Two Lawyers are presented with a case which is in a new specialised branch of law.

One lawyer may say : "I know"

Another Lawyer may say, "This branch of law is new to me, but I will find out all the latest law about this."

Second Lawyer, who acknowledged his ignorance, is more trustworthy. His attitude to "Find out all the latest law about this" is very progressive.
- Haresh Raichura 13/5/17

S-140 Very often clients continue to have faith in their lawyers, even after their lawyers may have lost their case.

In about 1988, I had argued an appeal of bride burning case in High Court on behalf of a convicted husband.

The appeal was dismissed by High Court.

Thereafter, I had shifted to practice in Supreme Court. Here also that client approached me to file his Appeal and to argue it in Supreme Court also.

Here, I got admission of his case but lost at time of final hearing. It was a case where deceased had given multiple Dying declarations. It was a hard case.

However, the point I wish to make is this, if a lawyer works sincerely, his client may continue to have faith in him even after he has lost his case.

S-139 Who was trying to sell the minor daughter - The Mother or The Uncle?

This case I must have argued in 1987 or so in High Court, I do not remember details, but this case left shocking impressions on my mind.

A mother from a tribal area of Gujarat had come to me. She said her brother was trying to kidnap her minor daughter and was trying to sell her off.

I filed petition for her in High Court. High Court issued notice to his brother and to local police authorities.

His brother filed reply in High Court saying that it was actually the mother who was trying to sell her own minor daughter and he was just trying to protect the minor girl !

This was, at that time, shocking and unbelievable to me that in tribal areas, such things happen. It was difficult for me to believe that a mother could sell her minor daughter !

Fortunately, the Judge was aware about this ills in this tribal area and so he passed a just order in such a way that neither Mother nor Brother can sell the minor daughter. He protected minor daughter by issuing some directions to Police Authorities.

The point I wish to make is :

Sometimes facts of cases, which emerge after notice to other side, can often shake up even the Lawyers.

S-138 "Follower" and "Admirerer" - The Difference.

You may have "Admirerers" and "Followers" both.

There is a difference between the two.

An admirer will never sacrifice anything for you. He will just admire you, praise you, appreciate you, like you,  etc.

But he will never suffer any loss for you. Nor will he ever sacrifice anything for you.

A follower is a different person. Also he admires you. But if a Follower will hear that you have some problem, he will come immediately with all his freinds to help you out.

He will not mind even if he has to sacrifice some time or money for you.

Such is the difference between the two.

S-137 "Dilettante" and "Apprentice" - The difference.

"Dilettante" and "Apprentice" - The difference.

Both the words mean "the New Person at Workplace".

The difference is in the way these two new person approach to their work.

The "Dilettante" comes to work and keeps looking around as if this is a wonderful place to work. He pretends to have deep knowledge, but his knowledge is shallow. He now and then touches work but he lacks inner commitment to work.

Whereas, "Apprentice" shows deep commitment to work. He wants to learn fast and he wants to overcome his apprenticeship period very fast. He wants to make out a shinning career in his work.

S-133 Sometimes Judges "Think Like A Detective"

The question was about genuineness of a Will.

The man claimed "He was servant of the deceased. All his relatives had left him in his old age. He was looking after all court cases between deceased and his sons. Being pleased with his service, the old man, before dying, signed one page typed will, in which one property was given to him."

Judge thought like a Detective. It was possible that this man may have obtained signature of old man for purpose filing some case and then he may have misused this paper for making Will in his favour.

Judge carefully looked at Will. It was typed on one page in double space. But last four lines of will were in single space. This indicated that signature was first obtained on blank paper and then to accomodate writing, last four lines were squeezed into single space typing, just till above the signature.

The Judge refused to believe the will after looking at this as well as other circumstances which made this Will suspicious.

His judgement was upheld by all superior courts.

S 135 "Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

"Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

Many years ago, J. Krishnamurti asked above question.

Now Science has found, through brain mapping, that before we think a thought or make a choice, some 0.005 second earlier, movements are seen in unconscious part of brain.

Implication of this discovery is wide. It may mean that all our thoughts and choices may be controlled by unconscious parts of our brain.

Criminal Law in US, has already taken note of this development for purpose of interpreting whether accused had intention to murder or was he acting under emotional forces over which he had no  control. Here in India, I have yet to seen a case in the Criminal Law where such points are established and argued.

S-136 Error by few newcomers in Legal Profession

Sometimes, we make errors because we do not know difference between First Step and Second Step. We do not know the order of different steps involved.

For example, a child learns to Run, first by learning Crawling, then by learning to stand, then by learning to walk and lastly by learning to Run.

Sometimes newcomers want to start Running before learning to Walk properly.

This affacts performance.

Apprenticeship is a very important phase for new Lawyers. It should not be undervalued.

Haresh Raichura 2/5/17

S128 How a Letter to a Sitting Judge of High Court, helped me to get placement under a Senior Advocate.

In 1986, I had just shifted to practice in HC from a District place. I was unsure, insecure and struggling.

One day, as I was coming out from Wash Room of High Court Bar, a rival advocate bullied me and said I should not have shifted to HC.

That evening I felt very bad and remembered God.

Then I wrote a letter to a sitting HC Judge.

Letter began like this : "It is said in GITA that all Glorious and Strong Persons are Parts of God and whoever shall reach to them, shall be deemed to have reached Me... Hence I write this.."

Then I briefly wrote down how I was bullied etc. Nothing more.

After I posted letter, 3 things happened in next 15 days.

1) President of Bar called me and advised me not to write letters to Judges.

2) A Senior Advocate told me that his advocate freind in trial court can offer me a job in his office. I politely declined.

3) Then an advocate came and told me that Vasant Desai was right type of Senior for me. Then he met Vasant Desai and told him that I was the right type of Junior for his office.

Well, it clicked and I joined office of Senior Advocate Vasant J Desai. The name of sitting Judge was Justice D H Shukla. I had never met him. His judgements looked compassionate, hence I had chosen to write to him.

Point 1) : Judges who write judgements with compassion in their hearts, usually have more God in their hearts.

Point 2) When you have a problem and you see no one who can help you, it may help if you let your problem known to few Glorious and Strong Persons.

Haresh Raichura  22/4/2017

S-123 Role of Investigative Advocacy in India

Role of Investigative Advocacy in India

Sometimes an advocate needs evidences to prove case of his clients. The clients are often not in position to collect these evidences.

Here the Advocate may also need help of private detective agencies to collect evidences which can be then produced in court. Sometimes the private detective can be cited as witness also.

But for many reasons, this concept of Investigative Advocacy is still not very popular in legal works in India.

S-124 Many times Lawyers do work without being paid. Pay Off

Many times Lawyers do work without being paid.

Here, they search for FOUR  Type of Pay Offs from such unpaid work.

1) Will I feel sense of achievement by doing this work?

2) Will I feel more connected with people if I do this work?

3) Will I receive some kind of Recognisition if I do this work?

4) Will I learn something new if I do this work?

If answer of any of these four question comes in YES, then they often feel rewarded even if they are not paid.

Many years ago, I still remember, this talk. Outside Court No.3 in Supreme Court, a senior advocate criticised me for doing many cases where either no fees were paid or if fees were paid, they were too low..

I merely smiled in reply.

After some months, Chambers were alloted. I got a chamber as I had done many cases. But that Senior Advocate was denied Chamber on ground that his cases were few.

There is a Law of Compensation  in Universe.

The point is : Even when a lawyer does a work without being paid, he does get some sort of pay off.

Haresh Raichura 17/4/2017

Two Lawyers : How client may decide whom to hire

Two Lawyers : First lawyer is very competent but he is not very much excited about chances of winning the case.

The second lawyer is excited about chances of winning the case, he is passionate about the case but he is less competent.

Chances are high that client will prefer to hire  the Second Lawyer.

Haresh Raichura 17/4/17

S-126 How to realise God - 5 line summary of a 1931 Speech of Gandhiji.

How to realise God - 5 line summary of a 1931 Speech of Gandhiji.

"While doing our smallest task, if we can remember three words : Truth, Love and Duty, it is possible to realise God through a living faith."

Haresh Raichura 20/4/17

S-117 Should there be a Help Line Number in High Courts to guide young lawyers and Law students

Should there be a Help Line Number in High Courts to guide young lawyers and Law students if they need clarification on some points of law?

I don't know. But until such things happen, law students and young lawyers can call me on +919818069727 preferably between 6pm to 7pm if they need any clarification on any points of law. This will be without obligation. I may not know all the answers, but I will try to guide.

I write this because three months ago a Karnataka Law Student asked me if he can ask me some clarification on a question relating to moot court preparation.

I said no.

Even then, yesterday, he called me and tried to seek some clarification on these points of law. I gave him some answers reluctantly. But he felt delighted to learn the answer.

I then reflected, could he not have asked these questions to law professors? Or to some local lawyer freinds?

It seemed to me that he could not have. The professors may not have answered him as the questions could have been answered only by someone who has experience of practising  in these areas of law.

This led me to think that if there is such a Help Line number in every High Court, the law students and new Lawyers can benefit immensely.

Hence, I have written this.

Haresh Raichura  7/4/17

S-114 Senior Advocate's Rule to visit house of his juniors.

In 1986, I had just joined chamber of a my Senior Vasant J. Desai. In next week after I had joined,  he pointed out to me that he has a Rule to see the house of Junior who joins his chamber.

So I took him to my house for a cup of tea. He looked around in my house.

Next day, he asked, "Don't you have a fridge in your home?"

I said, we are planning to buy one after few months.

He called a distributer of fridge. Next day a fridge was in my house on credit terms of whenever I can pay, I can pay. There were no hard and fast EMI conditions. No cheques were taken for security.

This senior has profound effect on my thoughts and values. In court rooms, the Judges as well as other seniors,  used to give me respect the moment they learn that I am in office of Vasant J. Desai. One day, I will write at lenghth about him.

In Supreme Court, there has been only one Senior Advocate who had once visited my house to see the conditions in which I lived.

His name is Justice Fakhruddin.

The contributions of these seniors have been great in my life.
Haresh Raichura 30/3/17

S-115 How to restore Good Values of Legal Profession.

There are two lines. One is small line. It represents good values of legal profession.

Second line is very big. It represent bad values of legal profession.

You can increase good value of legal profession by cutting short bad values of legal profession. This is a bleeding process. Here force is used to remove bad values of profession.

Another way is to make the small line (of good value) big by using a  chalk stick and by making this small line far bigger than the line of bad value. This is Gandhian method. It involves love. Instead of force, love is used.

How this can be done?

Values are higher than ethics.

Good values are transferred from one generation of Lawyers to another generation of Lawyers by Word of Mouth.

Once I dropped few letters to Supreme Court Judges about need to restore Values. None of them replied. But from next month, a new program was started by Supreme Court Bar Association. Every 15 days, a top lawyer of Supreme Court was invited by Bar to give a talk to junior Lawyers about heritage of values of this profession.

This went on for about two months. We learned many things. But then after two months, Bar discontinued these program.

In my young age, I went in public library and learned about values of profession by reading autobiographies of great Lawyers and Judges. I had read autobiographies of Chief Justice M C Mahajan, Justice M C Chagla, M.C. Setlvad, Books of Lord Denning, Justice Oliver Holmes etc.

Recently I also read autobiography of Fali Nariman on Kindle Amazon Digital edition.

If published, I would like to read Autobiography of Justice M B Shah if he ever writes and publishes.

Unfortunately, good Judges and good Lawyers are not writing and publishing their autobiography.

I also read a biography of Justice Antonin Scalia, Judge of US Supreme Court who died recently.

Such books not only introduce us to good values of profession, but they also help us to see new horizons of Law.

Haresh Raichura 30/3/17

S-113 Lawyer's Hardwork - 9am Rule and 7am Rule

Hardwork means 1) More efforts and 2) More Concentration.

A lawyer in Delhi had a office near Court. His office had 9am Rule. The juniors and clerks who came after 9am, were not allowed to enter. Office doors used to close at 9am for Juniors and clerks.

I also know another advocate in Ahmedabad. He is no more at present. He had 7am Rule. The juniors and clerks in office must be present in his office before 7am.

These are some of the hard work rules which I had seen.

In my beginner days in Supreme Court, I had a 9:30am Rule. I used to be in Bar Library before 9:30am. I followed this Rule for many years.

Haresh Raichura 30/3/17

S-112 "Tiger and Goat" theory in marriages.

A young man from Britain, met me few years ago.

He wondered why our forefathers' marriages used to be happy even if marriages were arranged by parents and the girl and the boy had never seen each other before marriages.

Then he pointed out his personal problem. He was dating with many girls since two years but he was unable to find his soulmate.

Then I explained to him "Tiger and Goat Theory" which I had read in some Behaviour Psychology book..

Some psychologists put one tiger and one goat together in one cage. After two years, the Tiger and Goat began to love each other. Tiger never hurt goat.

The principle is, even if a boy and a girl may have incompatible natures, but if they are forced to live under one roof for two years, then the love begins to forge between them.

The young man after hearing this story, went back to London. I also forgot the incident.

Then one day I received a message that he has accepted my "Tiger and Goat theory" and he has now got married.

They are at presently living happily in Singapore and they also have a child.

In most of the cases of broken marriage which I have seen, the husband and wife never lived together for 2 years ( 730 days) under one roof. They had broken relationship before this 2 years period necessary to forge lasting love between them was over.

Haresh Raichura 27/3/2017

S-110 Obedience to principles makes a good man.

If someone asks you, "Would you like a cup of tea?"

You may answer "yes" or "no' as per your mood at that moment.

But if you say, "It is my principle not to take tea at this time", then you are showing "Obedience to principles". That makes you stronger than others.

And if you say, "Generally, it is my principle to not to take tea at this time", then you are showing "Obedience to principles with flexibility to make exceptions if need be".

Summery: Those who show Obedience to principles are usually good and reliable.

The question of Obedience to principles comes only after we have decided to follow some principles.

Haresh Raichura 26/3/2017

S-111 Three Things necessary for a successful love marriage

Love marriages often broke and turn into prolonged litigations which often reach up to Supreme Court.

On basis of my exposures to such cases, I think three things are necessary for a successful love marriage.

1) Love 2) Understanding & 3) Wisdom.

Justice G.S. Singhvi, while deciding a case of such broken marriage said, "All these are questions of adjustments."

Sometimes both parties are unwilling to let go and to adjust. Sometimes one party is unwilling to let go and adjust.

Therefore I said that Love, understanding and wisdom, all these three things are necessary for a successful love marriage.

Haresh Raichura 27/3/2017

S-109 Best Compliment received from a senior advocate in trial court about a book.

Some about 8 years ago, I self published a book called "Tomato Soup for Lawyers and Judges - Soul Enriching Poems for Judges and Lawyers." 

Since Law publishers were not interested in publishing this type of books, I self published and then sold 1000 copies of book through a footpath vendor. Some books were sold. Rest were given away free to Lawyers.

Then one month ago, when I visited a District Court, a Senior Lawyer said that he not only remembers my book, but he also keeps my book always on his desk in office.

This was a great compliment.

Another great compliment came from a Former Addl. Solicitor General. He wrote to me if he could frame one of my poem and could keep it on wall of his client's waiting room ! The name of this poem was "Goddess of Law". This was a great compliment.

After some years, a Junior Advocate in Supreme Court told me that he once worked as intern of this Addl Solicitor General. And then he added, he was the one who had gone to Khan Market to frame my poem. This was again a great compliment.

I always remember a poem of Khalil Gibran. This poem says, when a poet is alive, he lives in poverty and his poems are scattered in his hut. And 200 hundred years after his death, people recognise value in his poems and then they make his statue in middle of a city....

Such are the lives of poets....

Haresh Raichura 24/3/2017

S-108 Story of a Lawyer who killed a businessman but sent a Judge to jail for murder of the businessman.

This imaginary story was first written and published by me some years ago in a book titled "Tomato Soup for Judges and Lawyers Vol.1 ".

The following is short version of this story.

At Goa beach, three freinds were sitting. One was a businessman. Another was a Criminal Lawyer. Third one was a Judge in a trial court.

The businessman broke the news and said, "Computers are coming. Judges and Lawyers will be replaced by ATM machines. You feed some data in ATM machine, and a judgement will come. One year jail for one knife blow, two years jail for two knife blow and so on.. Push another button and Appeal Court Judgement will come. Push third button and Supreme Court Judgement will come out.'

"Oh, no." said the Criminal Lawyer, "You really do not know how criminal law works. Let me show you how it works".

Then the Criminal Lawyer pulled out a revolver from his pocket and killed the businessman then and there. Then he called police and asked them to take away dead body of business man.

Police came and arrested the Lawyer and the Judge both on charge of Murder of businessman. IPC 302/34.

The District Court granted bail to lawyer but refused bail to judge on the ground that as per police papapers, revolver was found from pocket of the Judge.

The Judge appealed to High Court. High Court dismissed his appeal and ordered departmental inquiry to dismiss the Judge since he had gone to Goa without permission from District Judge.

The Judge then appealed to Supreme Court.

The Supreme Court asked his Counsel, "Why did your client went to Goa with a Criminal Lawyer in the first place? Didn't he know that a snake remains hidden in sleeves of every lawyer? And anyway, who informed the police? Your client did not inform the police."
Supreme Court then dismissed the Judge's appeal.

His Counsel wrote to the Judge who was in jail, "Do not worry. After some years, you can move another bail application."

This short story ends here.

Haresh Raichura 24/3/2017

No Democracy is strong unless it's Lawyers and Judges are strong.

Lawyers should be strong enough to fight against highest people in power. Judges should be strong enough to resist temptations and fears of the highest people in power.

This is possible only if Lawyers are well paid, well disciplined and are well organised.

When any prolonged litigation ends, the strong party should be directed to pay cost of Lawyers who fought for the weakest party.

Justice is Justice only when cost of getting justice is also paid to the weak.

In present system, the weak labourer is too frequently dragged upto the highest court by corporate Litigants.

The favourite style of such Litigants is to remain absent in trial court and then to challange judgement of trial court to Highest Court on ground that it is an exparte judgement and they were not heard! They pay their Lawyers well but the other side poor litigant is drained out and is very often beaten out from the quest for justice.

Haresh Raichura 23/3/17

S-106 Story of a Judge Who Refused to Grant adjournment on ground that the lawyer was unprepared.

I read this story about 40 years ago in some English book. But I remember this story till today.

Once upon a time there was a Judge who never gave any adjournment to any lawyer on ground that the lawyer is unprepared to argue and needed some time to prepare.

Then one day, a Junior Advocate submitted an adjournment application to him on ground that on that day he was not prepared to argue.

Judge was about to dismiss his application, when Yamraj (God of Death) appeared before him to take him away.

Judge pleaded before Yamraj that he was not yet prepared on that day and he wanted some time to make his last will etc..

Yamraj looked kindly at him.

So the Judge looked kindly at the Junior advocate and granted his application for time.

Just then, the Yamraj rejected Judge's prayer for time.

So the Judge, before dying, snatched back application of adjournment by Junior Advocate, cancelled his earlier order granting time and rejected his application for more time and then he died peacefully as Yamraj took him away

Moral of the story: All Lawyers know moral of this story. Need not be said here...

Haresh Raichura 21/3/2017

Nature of A Judge's Work.

A Judge once said, "We are not Divine people. But we are required to perform tasks of the Divine."

He meant to say, "We are not Gods. But we are required to perform duties of God."

Haresh Raichura

S-105 What a young lawyer should do if he or she wants to shift to practice in Supreme Court?

This is what I myself did.

In 1990, I was practising as Advocate in Gujarat High Court in Ahmedabad.

I was married and I had one year old son. Someone mentioned to me that if I wish to shift to Supreme Court, I should do it now when son is young. After children start going to school, it is difficult to migrate.

My wife, one year old son and I, came to Delhi and we visited Supreme Court. Here no one knew us. We just wandered in lobby of Supreme Court. We stood near a pillor for about half an hour. At that time, no entry pass needed to enter in Supreme Court.

And then we asked our hearts, should we shift here? Will we survive here? Our hearts said yes.

By evening train, we returned from Delhi to Ahmedabad. In train, we considered about practical aspects our desire to shift to Supreme Court.

There was no one in Ahmedabad to sponsor us. We knew no one in Delhi. We had no relatives or support in Delhi.

We examined our financial savings.

We had savings enough to maintain ourselves for six months in Delhi. So, for six months, even if no lawyer in High Court referred us cases for Supreme Court, we could still live on our own savings for six months.

Thereafter, we would be at mercy of God.

We pondered over this.

Next month, we shifted to Delhi to practise in Supreme Court.

Fortunately, we survived. We survived because God helped us.

Some friendly junior Lawyers in Ahmedabad, referred some cases now and then. This helped us to survive in costly city of Delhi.

There was not much logic in our decision. The risks and survival trauma we suffered are unspeakable.

I do not advice others to follow in my steps. We lived here, with one small child,  on week to week and month to month survival budgets.

We lived by faith in God.

Haresh Raichura 17/3/2017