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.