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

S-101 "Circumstances are Masters of the Man. Man is not the Master of his Circumstances".

"Circumstances are Masters of the Man. Man is not the Master of his Circumstances".

When I first heard these words, I was sitting at a Shiva Temple. I was aged about 12 years. A middle aged man came near me,, sat near me and started telling me these words.

I listened blankly as I was not mature enough to understand these words.

But I remembered these words. I still remember face of that man who was emphatically trying to impress these words on me.

"If man is powerless against his Circumstances, then what is his role? What is role of his Efforts? What is the gain in fighting against one's circumstances when Circumstances are the Masters of man? Isn't Man helpless against his Circumstances?

I often wondered around above questions.

Then recently I came across two words, : "Act Accordingly".

It means that whatever be your circumstances, Act Accordingly.

If you have lot of money, then act accordingly. If have less money, then act accordingly. If you win a case, act accordingly. If you loose a case, then act accordingly.

I think these two words teach us to adjust ourselves with our circumstances. If it is possible to overcome circumstances, then act accordingly. If it is not possible to overcome circumstances, then also act accordingly.

Haresh Raichura 3/3/17

S-102 I think you are a Mysterious Man. You encourage me, inspire me and

I think you are a Mysterious Man. You encourage me, inspire me and make my day good even if you are neither my relative nor friend and though we have never met.

5000 years ago, there was a similar Mysterious Man named Krishna Vasudev Yadav. He also used to guide and encourage me even if I was not his relative or friend.

🙏🙏🙏

Haresh Raichura 4/3/17

S-100 Must Read- story of "Amar Prem" turned into a sour Court battle within 4 years of marriage after one child

Story of "Amar Prem" turned into a sour Court battle within 4 years of marriage after one child.

These happened before my eyes four years ago. However, Wake Up call came today morning at 7:00 am from a  police station from father of the Boy.

Four years ago, a boy and a girl fell into love. Love was strong. They decided to marry against will of their parents.

Fine.

Then the boy suffered a bike accident. He lost one leg. Girl still insisted on marrying this boy. This looked like "Amar Prem".

But imagine the shock and misery of girl's parents. The girl and the boy fled from their houses. Got married in a temple. Father put police after boy and his family.

On behalf of boy, I gave notice to Police and to father of girl. Dispute calmed down. Police closed FIR.

Boy and girl now lived happily. Boy got an artificial leg and also secured a job. They lived normal life

Then problem No. 1 arose. The Girl asked to the boy to get separated from his  parents. It was done. They separated and then they lived happily.

Then they were blessed with a child. They were happy.

Then Problem No.2 arose.

After the first child was born, small disputes started between boy and girl.

Today morning, I received call that Girl had beaten up the boy for coming late at night. Family of girl came down. The girl had visible injuries. The boy also had visible bleeding injury. Both families were summonned to police station. Girl had given complaint against the boy and his family.

The father of boy called me at 7:00am from police station. I advised boy and his father to apologise to girl and her family and try to close down the dispute. Some compromise writing was done.

Thus, the Amar Prem has gone sour within four years.

My analysis:

1) Girl and Boy who go for love marriage against wishes of family have "Strong Built in Personal Will. Their "Self" is stronger then their "Concern for Others". They refuse to listen to elders and more experienced people. They are generally in Denial mode. They deny to admit or even to see their mistakes.

2) After first child is born, the brain of a woman goes into a number of neurological changes. Cognitive faculties undergo changes. Faulty thinkings appear. Mood swings also take place. It is difficult for husband to understand neuro and biological changes in brain of his wife.

And no one suggests them to visit a psychiatrist. Medicines are now available that can improve thinkings within a week. Most of these problems can be solved by modern science of psychiatrist. Consciousness can be changed. suspisciouBut no one gives them such advice and the small disputes spiral up into a matrimonial dispute leading to prolonged litigation.

3) Moral of this story: Those who are in love relationships, or in similar situations, may reflect on this. The person with whom they are dating now or with whom they have just married, may pass through a psychological change in four years. If problems appear, even if small disputes begin to increase, it is not a bad idea to seek advice of a good psychologist or a psychiatrist. This science has advanced more than what people generally know. Psychiatry is now an amazing science.

Haresh Raichura 3/3/17

S-99 Tips for Junior Advocates who may be working in office of Senior Advocates.

Once, a Senior Advocate scolded his junior Advocate in following words:

"I do not want your physical presence. I want your brain."

It means being physically present in office of a Senior Advocate, following him, watching him etc have little or no value to Senior Advocate.

1) If you are in office of a senior advocate, you should Read current and upcoming cases.

2) Not only read, you should make written notes in a register provided by office of Senior. Written notes are proof that you have read. When you leave office, you must return this register to Senior.

3) If you see any citations mentioned in his case papers, you should check whether these citations are followed, clarified, reversed in subsequent citations.

4) The one word is "Contribution". You must contribute some research to Senior in whose office you may be working. Being physically present there has little value.

Haresh Raichura 2/3/2017

LR-42 Crisis of Marriages broken down within two years...

Crisis of Marriages broken down within two years...

1) Till today, divorce laws in India are not clear. Irretrievable Breakdown of Marriage is not a ground available in Divorce Laws. Parliament tried to amend law but it failed to pass amendment.

2) Supreme Court has special powers under Art 142 to grant divorce where marriage has irretrievably broken.

3) But District Courts and High Courts do not have such powers of Art. 142.

4) Question is : Can parties directly file petition under Art 32,142 in Supreme Court for Divorce if their marriage has irretrievablly broken down?

I do not yet know answer to this question.🙃

4) A couple had approached District Court to grant them divorce on ground that their marriage has broken down irretrievably. They cited judgements of Supreme Court passed under Art.142.

But District Court rejected their application by saying that Supreme Court can pass such orders in Art 142, but since District Courts have no such powers he cannot grant divorce on this ground.

5) I feel very sad when I see couples was marriage had broken down within two years.

6) The Mutual Consent Divorce provision has also problems of waiting for six months... And it allows wife to withdraw her consent before six month is over.

7) As such, at present there are problems in these laws.

Earliest law reforms are needed to enable our young couples to start afresh in new life and to correct their mistakes.

Haresh Raichura 1/3/17