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