S-94 In a legal case, can you put disputing parties in logical format like A, B, C etc...?

In a legal case, can you put disputing parties in logical format like A, B, C etc...?

It brings clarity and brevity.

Here is a real life example.

Yesterday I received a courier which contain 198 pages of a  triparte legal dispute.

The sender asked about his chances of winning his appeal in National Consumer forum.

After studying his paper, I gave him following short reply.

"I do not see much chances in your Appeal.
Even for claiming as a benificiary, his rights must flow from agreement between A and B. If this agreement does not refer to benefits for C, then C does not become a benificiary.

If there are trust, breach of trust and other rights between, B and C, then the C does not thereby become benificiary of agreement between A and B.

C has to peruse civil court remedy against B only".

The point here is : I named three parties as A, B, and C. Then I tried to put their dispute in a logical type format. It is easier to explain a legal issue by referring to parties as A, B, C etc.

It was thus possible for me summarise whole 198 page dispute in few lines.

Perhaps you may also find that a case becomes clearer when names of parties are replaced with abbreviations like A, B, C etc.

Haresh Raichura 28/2/2017

S-95 Charity and Work :

You can do many good things if you give credit for that thing to God. Nowadays, whenever I am able to do some good thing, I immediately open Mobile Banking App and send charity of Rs.101/- to some temple or to other charities. It makes me feel good.

Haresh Raichura 28/2/2017

S-93 A good book for young lawyers.

​This book is written for Young Lawyer by a very successful foreign lawyer. This book explains that "As soon as accused steps into Court, the Judge knows whether he has committed crime or not. The Judge and Prosecutor both are going to do their best to convict him" Then the book discusses tips for Young Lawyers. In my view this is a good book for Young Lawyers.

Letters to a Young Lawyer (Art of Mentoring) https://www.amazon.in/dp/0465016332/ref=cm_sw_r_other_apa_EU-SybEH05Q46

S-91 Words Play : There can be no "banafide mistake"..

Words Play : There can be no "banafide mistake"..

Many Lawyers often write this phrase.

But is not correct.

A mistake can never be "Bonafide".

Bonafide means,: legal, valid, true, genuine, etc. So there cannot be a "Bonafide Mistake."

Haresh Raichura 27/2/17

S-92 Lord Denning used to commute in local train between his home and office.

Lord Denning used to commute in local train between his home and office.

Other passengers used to spend their time in gossip. Lord Denning had passion for words. He used to keep solving Crossword puzzle during travels. After each such journey. His vocabulary used to get enhanced and get sharpened.

Lawyers and Judges are wordsmith. They are expected to have higher vocabulary of words and meaning, .... whatever may be their language.

Haresh Raichura 27/2/17

S-90 A busy lawyer usually remains half a day busy even on Sunday. The clients

A busy lawyer usually remains half a day busy even on Sunday. The clients meeting are scheduled either in morning or in evening.

If there are no meeting scheduled, a trial court Advocate looks up cases coming up in next week. He looks up witnesses to be examined and prepared, and cases which are listed for arguments in next week.

Some Advocates have routine to go through new law reports which may have come in office during last week.

I have seen a very senior advocate doing something unusual.

He switches of lights of his cabin. He switches off mobile phone. Neither his clerk nor his family is to disturb him for two hours.

Then sitting in darkness, he visualises the Court and Judges before whom he has to argue. Then before them he start rehearsal of his argument in theatre of his Mind. During the rehersal he memorises page number, citations and his submissions and his counter arguments.

Then next day when he argues in Court, he can argue impressively, effortlessly even without touching paperbook of his case.

I do not say that we can follow his method. He studied law in a top US university and then he actually practiced there for one year before returning to India to practise in Supreme Court.

His methods are bound to be superior to methods taught to us in our colleges in India.

This is the reason why we Lawyers are against right of foreign Lawyers to practice in India.

It is to be seen how far we can stop them.

Haresh Raichura 26/2/17

SP-9 Gandhiji asked, "The world is so big. Millions may be chanting Ramanama. Do you really think that Rama will be listening to you?"

Gandhiji asked, "The world is so big. Millions may be chanting Ramanama. Do you really think that Rama will be listening to you?"

I read this story in some book by an English Author.

At that time, Gandhiji was staying at a house of a poet in Saurashtra.

The house was big and had many rooms. On ground floor the poet used to live and he used to write his poems. On first floor, in one room, his servant Bahadur used live.

This servant had habit of continuously chanting Ramnama all the time.

So one day Gandhiji asked him, "The world is so big. Millions may be chanting Ramanama. Do you really think that Rama will be listening to you?"

Bahadur replied, "Suppose, that my master wants tea and at that time I am sleeping in my room in first floor. So master will first shout my name. If I do not hear, he will shout louder. Then he will come near stairs and will shout my name. Then he will climb few stairs and will shout my name..well... Don't you think he will get his tea?"

Gandhiji got the point. If we continuously chant Ramnama, sooner or later, Rama will listen to our voice.

Whatever may be name of our God, if we chant continuously, our voice may be heard by God.

Haresh Raichura 24/2/2017

LR-41 Know why Courts do not trust evidence of "Suicide Note" and why credibility of Suicide Note is very low

Some years ago, I had argued a SLP before a Bench presided by  Hon'ble Justice Y.K.Sabhrawal (as he was then in Court No.2)

A man in Gujarat had committed suicide and had left a note that several superior officers were harassing him and were obstructing his promotion. Police had registered FIR against all these officers but High Court had quashed this FIR.

I had now brief to argue in Supreme Court and to show that the High Court Order was wrong. I cited some foreign Court judgements where on basis of a confession contained in a suicide note, another convict was acquitted as innocent. I argued that suicide note is a piece of evidence.

The Supreme Court however rejected my submissions. ...

And it took me ...several... years to understand why my arguments were rejected by Supreme Court!!!

Today I understand the following reasons on basis of a study of psychology of people who commit suicide.

Reasons :

1) The person committing suicide has often a desire to take revenge on someone. He does this by naming him or her in suicide note.

2) Such person has recently suffered some loss which he is unable to come to terms with. A phase of depression and sleepless nights precedes before suicide.

3) For lack of sleep and for lack of food, his cognitive faculty suffers. He starts thinking in exaggeration. Small and normal things are seen as very very big thing to his mind. This leads him to suicide.

4) While writing his Suicide Note, he feels that his image is glorifying. He begins to feel that he will be looked upon as hero when contents of his suicide note will be revealed to public. He is writing Suicide Note In an elated emotional state of mind.

5) He is conscious while writing Suicide Note that he need not give any evidence or proof of what he is saying, and no one will cross examine him, no one will know if he tweaks truth here and there in order to justify his act or to glorify his act of suicide.

6) Thus contents of Suicide Note are not "Facts within knowledge of person making document" as per Evidence Act. Here, knowledge means knowing with any of five senses.

It does not include what a person "imagines" or "Deduces" or thinks".

I think these are the main reasons why Courts are not relying on suicide notes.

Haresh Raichura 23/2/2017

S-89 If given a choice, I would prefer to practise in District Court than in Supreme Court

If given a choice, I would prefer to practise in District Court than in Supreme Court.

Trial Court work is like work of a general physician. He gives immediate relief to patient for all type of sicknesses. There is a life long relationship between Physician and Patient. In fact, physician soon becomes a Family Physician.

Work in Supreme Court is like work in a cancer hospital. Difficult and sometimes impossible to cure patients keep coming. Before coming, the patient has been treated at several places. He has obtained opinions of several Lawyers. Supreme Court is his last resort. Mostly, a patient comes to Supreme Court only one time in his life time. Relationship with lawyer is one time.

In 1982, when I was practising in District Court, I remember a case. A woman came crying. Her husband had snatched away her one year old boy and had went away to his village with boy. I immediately applied for search warrant before Chief Magistrate. Within 24 hours, the boy was given back to her mother. I felt great satisfaction.

Whereas High Court and Supreme Court are mainly Courts which hear Appeals. The cases here are very old. A man had taken Rs.300/- bribe about 30 years ago. His appeal was argued by me last week in Supreme Court. His punishment was reduced to undergone. I felt relieved. The Client felt relieved. But this relief cannot be compared to satisfaction I experienced in trial court in case of that helpless woman.

Usually, the strong and rich persons do injustice to the weak and poor.

So mostly the weak and poor, first knock at doors of justice in trial court. To be a lawyer for them, at that time of their need, is a great thing.

Haresh Raichura 22/2/2017

SP-8 "What is the use of feeling grieved by that which pleases God?

"What is the use of feeling grieved by that which pleases God?

"Nothing we think works.
Only our stomach churns painfully....

"If a Man can do as per his wishes...
Then every one will kill his enemies and will keep only freinds...
And everyone will be living in big bunglows...

"Every attachment in this world, is false,
Only true attachment is with Him..

With two folded arms,
Narsinh prays,
Grant me only this much,
That in every birth,
I seek only You and You.

-- Free translation of a poem by
Narsinh Mehta, 15th Century Gujarati poet.

Haresh Raichura 21/2/2017

"

S-88 Our dual personality mode.

Inside me, there are two individuals. Haresh+(Positive) and Haresh-(Negative).

Same may be true with many.

When we are in negative personality mode, we think negative, we do negative things and we trouble others.

When we are in positive personality mode, we do right things, we feel better and people around us too, feel better.

In the morning, when I am leaving home for work, both these individuals want to come with me. Sometimes, I take both of them with me.

Sometimes I ask one of them to stay at home till I return in evening.

Haresh Raichura 20/2/17

LR-40 Whether Courts should discourage Husbands' Lawyers' attempts to prove that Wife is mentally ill...

Whether Courts should discourage Husbands' Lawyers' attempts to prove that Wife is mentally ill...

Main Reason: One out of every four women have emotional mood disorders requiring psychiatrist helps. Some get help. But most women suffer it out...

But these illnesses actually do not come under Legal Definition of "Mental illness sufficient for Divorce".

In each such case, where Wife has taken help of a psychiatrist, the lawyer for Husband tries to discredit Deposition of wife by summoning Psychiatrist in Court to prove his prescription and to argue that Wife is of unsound mind, justifying divorce. This is perhaps abuse of process of Courts

Sometimes psychiatrists are called every month in one Court or another, in one divorce  case or other.

There appears no clear guidelines of High Court in this area.

In every case, where there is ordinary prescription of psychiatric treatment, the burden is on husband to persuade and bring psychiatrist in Court to give evidence.

The court has discretion to refuse to use its discretionary coercive powers to summon the psychiatrist and to issue warrants if he could not come.

I think here there is some grey area deserving guidelines of superior Courts.

Haresh Raichura 19/2/17

S-87 Three Blind Lawyers.

Three Blind Lawyers.

1) I saw first blind lawyer few years ago in Court No. 4 in Supreme Court. He was arguing a case. He had come from some town. He was assisted by a junior.

2) About second blind lawyer, I have only heard. I heard about him that he practises in some small town Courts. He was a succesful lawyer but later he went blind. He still has  flourishing practice. He listens to case of his clients. If any pleading or document is required to be read, his junior reads out. Then he dictates the case and also argues in Court with assistance of his junior Advocate.

3) I heard about third lawyer-in-making. He is a law student and is undergoing training under a Judge. He has Text-to-speech software in his laptop. So he can listen to judgements in laptop and can take down notes in brail language and he can thus assit Judge by doing research in law softwares. He can read ( listen with text-to-speech software) all other legal documents if they are already typed in computer.

I think this is great.

Haresh Raichura 18/2/2017

Understanding code words used in court conversations.

If you feel bored by sitting in Court, if conversation there makes no sense to you, perhaps you may not be reading Current Law Reports.

In Court Rooms, the Judges and  the Lawyers discuss cases in code words.

For example, here is a small conversation between Judges and Cousel which is in code words.

--------
Lawyer: Sir, my point is about Sanction.

Judge : This point is covered against you.

Lawyer: But now after Nagappan in 2015....

Judge: Ok. Then show what is failure of justice?

-------

Now this conversation may make no sense to a layman or to a lawyer who does not read current law reports. Here, you do not know which law, which section, which offense is involved. You do not know why Judge asked about failure of justice. You do not know who is Nagappan and what he has to do with this case and you do not know what he did in 2015.

So you may start feeling bored.. You will prefer to go to canteen and to have a cup of tea.

But if you are keeping your knowledge of Law updated by regularly reading Current Law Reports, the whole conversation will make sense to you.

You will remember that Nagappan case in 2015 deals with defective Sanction under Sec. 19 of Prevention of curuption Act. So the case must be about corruption.

When Judge said that "point is covered against you", he meant to say that law is well settled that higher Courts will not reverse a conviction if Sanction is defective.

When lawyer said, "But after Nagappan in 2015.." he meant to say there is a shift in settled law after Nagappan Case.

When Judge said,"Ok, show me what is Failure if Justice?" He meant to say that he is aware about Nagappan case, but that case says higher Court will interfere only if there is a Failure of Justice. So show me where is Failure of Justice in this case.

-----
Moral of this story is: You may feel bored in a Court Room if you do not read current law reports. The conversation in Courts, particularly in Supreme Court, will make sense to you only if you are keeping in touch with current law reports.

Haresh Raichura 18/2/17

S-85 Start Up Money for a Newly enrolled Advocate.

Start Up Money for a Newly enrolled Advocate.

M. C. Setalwad was former Attorney General of India. Probably he was the First Attorney General of India.

His father was a lawyer in Mumbai. But he studied
LL.B. at Ahmedabad.

After he completed his course of LL.B., he had to enroll with Bar Council. His father gave him a cheque of Rs.5,000/- and said, "This is a Loan. You have to return it."

This 5000/- may be as big as Rs.50,000/- in those pre- independence day times.

This Start Up Loan from his father, started his journey in Law.

He mentions about this in his autobiography.

Haresh Raichura 17/2/17

S-84 "We have always a choice in every minute. To walk on Path of Duty or to Walk on Path of Pleasure."

"We have always a choice in every minute. To walk on Path of Duty or to Walk on Path of Pleasure."

I first heard above words from Gujarat High Court Advocate, late Shri V. S. Mehta.

I still remember his voice and his face when he told me this. I saw him always walking on Path of duty.

Later, I found that this is the basic norm of "Stoic Philosophy".

This philosophy says:  If you have to choose between a soft path and a hard path, choose hard path as your default choice.

This increases one's capacity to tolerate distress and frustrations which oame to us now and then daily in life.

Haresh Raichura 17/2/17

S- 83 "Rule of Four Days"

I learned about this "Rule of Four Days" from an advocate practising in Gujarat High Court.  

He followed this Rule strictly. If a client has to meet him, he has to take his appointment Four Days in advance. Otherwise he may refuse to meet him for conference.

He used to prepare all his cases "Four Days" in advance of their possible date of hearing.

In breif, he used to plan his life "Four Days" in Advance.

This is a bit difficult. Clients come at uncertain times. They ring at uncertain time. The  cases in almost all courts are mostly called out for hearing at uncertain time, when you may be least expecting it.

Whatever may be our excuses, I saw this Advocate actually living by his "Four Days Rule". It cannot be said that this Rule is impossible to follow.

Perhaps, he may be relaxing Rule at times. With some flexibility, it may be possible to follow this Rule.

This very same Rule, I have seen in practice of a consulting physician in Delhi. If you want to consult him, you have to seek his appointment Four Days in advance. Otherwise, he will not meet. So Four Days in advance, he can see list of patients whom he may see after Four Days.

Basically, this Rule is about Planned Living.

Haresh Raichura 15/2/2017

S -82 If you have a good idea, burden is on you to spread it till it gets wings of its own.

If you have a good idea, burden is on you to spread it till it gets wings of its own. Otherwise, the good idea dies.

Information age is cruel. Weak information has to give way to stronger and pushed up information.

It is possible that you may be suddenly blessed with a good idea of public good. But once you are convinced that your idea is good and sound, you have to spread it proactively to the best of your strengths. Otherwise the idea dies gradually. Like a plant, it needs nourishment, protection and a gestation period before it can blossom into a tree.

Preserve your good ideas as if they are valuable plants. If your idea depends on acceptance by others, you have to spread and propagate your idea till it starts living on its own.

Haresh Raichura 13/2/17

SP-8 What Life Should Mean To You. Four points I understood from Alfred Adler

1) In childhood, when basic bricks were being formed in our toddler brain, we saw that every one else in the world is bigger and stronger than us. Then we learned that we have to weep or to do something funny to attract attention, love and food. Our life tracks were then formed. We developed a) Striving for being Superior and Stronger than others b) We developed constant Striving for Recognition by others.

2) In Life, we should first develop roots (earning resources) at place where we are born.

3) Secondly, we should develop a stable and loved family. This is a psychological cum biological drive or need.

4) Thirdly, we should have balance in our social circle and life.

As per Alfred Adler, any disturbance in 2,3,4 leads to unrest and psychological problems in life of an Individual.

If we go in excess on point 1, we suffer perils and rejections by world. This point has to be pursued mildly, preferably in a concealed way in order to avoid troubles from the world.

Now try to check these points in real life around you. Try to check your own strivings and struggle in life.

It doesn't much matter whether you agree or disagree or differ with Alfred Adler. Life moves on.

Haresh Raichura 11/2/17

S-81 What happens in a PIL if you ask too much... Sky may start falling ... #Truestory

In 1987, I was practising in Gujarat High Court.

A man came to me to complain about an industrial unit which was smoking so much ash in the air that life in nearby housing societies had become hell. By evening, their utensils, clothes, rooms everything used to get covered with ash.

I filed a PIL and asked for two prayers 1) Pollution Control Board be directed to check this industrial unit and file report in Court and, second prayer was a little bigger, 2) Direct that the industrial unit be uprooted and be relocated elsewhere !

High court issued show cause notice in PIL.

The industrial unit was owned by a national corporate giant. Their office got into a hyper mode.

They can manage and fix up with pollution control officers, but what to do if whole Industry was directed to be shifted elsewhere! May be hundred or thousand Crores were invested in industry. Loss would be huge.

The goons were let loose on the petitioner. He immediately called me to withdraw PIL. I asked him to send me written instructions.

His letter withdrawing PIL was filed in Court and PIL was withdrawn.

Today, in retrospect, I think I  made mistake in drafting second prayer. It was too frightening. It was unnecessary.

Lesson: File PIL in a little Dumber way. Do not frighten respondent too much. Leave things to court. Just state your problem and let the Court frame relief which can be granted.

Haresh Raichura 10/2/17

LR- 39 Do you know that Law Courts presumes a housewife's minimum salary @ Rs.3000/- per month even if...?

Do you know that Law Courts presumes a housewife's minimum salary @ Rs.3000/- per month even if there is no evidence of such payments?

Such questions arise while determining compensation payable for death of a housewife in a car accident.

Insurance companies are bound in law to pay compensation in accordance with income of deceased only.

Now how to calculate income or salary of a housewife for various household work she keeps doing whole day in home? She cooks food, cleans house, teaches children and does a 1000 other domestic works.

The question puzzled Courts for  many years.

But presently there is a rule developed that the courts will presume minimum income of housewife at Rs.36,000/- per year even if there may be no evidence of her work or salary and compensation can be worked out accordingly.

The law is still in developing stage. The Courts may increase such notional income in future judgements.

Haresh Raichura 10/2/17

S-80 A case which teaches "Do not go by what other Lawyers do, do your own research #Truestory

In 1982, I had just joined Bar. A case filed by Bank against my father was going on since years. My father had signed as guarantor in a Bank Loan. The main debtor had fled from Junagadh many years ago and was living happily in Mumbai.

I saw a provision in CPC that if Defendant leaves District or is about to leave District, Court can issue warrant against him and can ask him to give security for suit amount or to sit in jail.

I suggest my father that we can apply under this provision. Father said nothing doing unless a senior lawyer engaged by him says yes.

I met his senior lawyer. He agreed and asked me to make application myself and argue it myself.

I filed application. Next day Judge issued  bailable warrant against absconding Debtor who was living in Mumbai.

But at 2.00 pm in Lunch hour, the Judge called Senior Lawyer in his chamber and asked whether he had done right thing in issuing bailable warrant in a civil suit? Senior lawyer reassured him and said yes it is rightly done, there is such a provision in CPC though few lawyers use this provision.

After warrant was served, the absconding Debtor came to Junagadh from Mumbai. He settled dues of Bank. Next day, Bank withdrew case against my father.

Moral: There are many provisions in CPC about which many lawayers are not aware and they do not use these provisions. So read relevant law yourself. Do not go by what generally other Lawyers may be doing.

Haresh Raichura 10/2/17

S-79 Reply to a Law Student About Provisions under which PIL can be filed

Dear Law Student,

With reference to your inquiry about provisions under which a PIL can be filed, here are 4 points.

1) In High Court, PIL is filed under Art 226.
2) If High Court rejects, PIL, against that order PIL(SLP) is filed in Supreme Court under Art 136
3) When issue is of National Interest, PIL can be filed directly in Supreme Court under Art 32
4) If you live in a town where there is no High Court, then you can file a PIL Civil Suit in Trial Court. These are known as Representative Suits filed under Order 1  Rule 8 of CPC. In foreign countries such suits are known as "Class Action". If you want to challange validity of anly law or section, Suit under Order 27A can also be filed in Court in your town. Suit against Government for negligence etc under Order 27 of CPC.

I hope this will make it clear to you that even if you are living in small town, you have ample power to move local Court for over a 1000 PIL issues.

Haresh Raichura 5/2/17

S-78 Tips for Young Advocates : Do you go to a place called "Gemba" often ?

Gemba is a Japanese word. It means "A place where real value is being created continuously".

For example, in Courts, the court rooms are Gemba places were Real Value is being created constantly.

Something, some case is decided every minute. Some justice is generated every minute.

This is a place called "Gemba".
It is worth while to go to Gemba place and too see how things are working.

Haresh Raichura 4/2/17

S-77 #Facebook friends can be compared to the Moon shining in the sky

#Facebook friends can be compared to the Moon shining in the sky.

Just as the Moon changes it's shades, they too change their shades over a month.

Some day they shine like a Full Moon. And on some days they are not visible at all.

On some days they inspire us and they make our day. And on other days they are dull.

Someday, they fulfill our need "For Recognition". And other days, we fulfill their need to "For Recognition" of their knowledge, wisdom and achievement.

If we are for them, they are for us.

Haresh Raichura 4/2/2017

S-75 A simplest and shortest philosophy of action based life

There are two types of things:

A) Things about which you can do something NOW. ( NOW is the keyword here),

and B) Things about which one can do nothing at present.

One should prefer to focus on A type of activities so far as possible, according to one's nature and capanility.

Sometimes people with High imagination have problems in this area."

Haresh Raichura 2/2/17

S-76 A Senior Advocate's advice to a Young Advocate who was suffering from problems in his life.

Most young Advocates have struggling years and they pass through many painful moments of life.

Many years ago, I was also struggling and I had many problems. I talked with a Senior Advocate about my problems.

He listened patiently and then said few words. "We had our share. You too have your share."

It means all of us are distributed some happiness, some problems, some pains. We all have been given some share.

Everyone has to pass through whatever share of problems and pains have come to his share, willingly or unwillingly.

Haresh Raichura 2/2/17