Understanding struggles of a first generation advocate

After college, (and for some after high school education) what comes to test is our capacity to earn and our capacity to settle as 'householer' and to support a family.

Some are born in rich and well connected families. They have good "starting capital".

In a book titled "Book of Mirdad", there is an allegory of people living in rabbit-holes at different heights on a mountain. The world is like this.

Thus, those who are born to parents living near mountain top, can easily reach to mountain top. They need to climb less. They have natural and geographical advantages.

And for those who are born to parents living at the bottom of mountain, it takes a longer time in climbing to the top of mountain.

Sometimes it takes a lifetime.

The life stories of first generation advocates are usually like "stories of climbing upward from the bottom of a mountain".

Thus, the struggle in legal profession for first generation advocates, is all about climbing to a higher rabbit-hole on a mountain known as "Judicial System"

(C) Haresh Raichura 29/12/19

#law #lawstudents #junioradvocates #lawyers #motivation.  

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Haresh Raichura

16/12/19

In Court Rooms, the Government should argue like an honest litigant.

In Court Rooms, the Government should argue like an honest litigant.

Exactly this was the purport of what Supreme Court said in case reported in AIR 1974 Supreme Court page 130.

"But it must be remembered that the State is no ordinary party trying to win a case against one of its own own citizens by hook or by crook."

The Supreme Court went further to say that State should not try to defeat Justice to its own citizens by resorting to technical pleas.

Years and years have rolled by after above judgements. Again and again Supreme Court has reiterated it's hopes that State and it's agencies should not use their mighty powers to defeat it's own weak and poor citizens.

We however continue to see cases where State is arguing technicalities to avoid substantial Justice to litigants.

When can you ask damages from Govt if you have been subjected to a false criminal case?

When can you ask damages from Govt if you have been subjected to a false criminal case?

S Nambi Narayanan  2018 (11)SCALE page 171 on page 184 in para 31, says that when criminal law is set into motion without basis, Art 21 is violated and a person against whom any false case is filed is entitled to compensation. It seems from the case that there are two rights

(1) this right is under Public Law under Art 226 or Art 32...(2)  The damage he can claim in suit could be additional remedy.

The law here is in evolving stages. It is for trial court and high court advocates to expand this law of damages by leading appropriate evidence in fit cases

Because in this case, even if suit for damage was pending, Supreme Court awarded damage of Rs.50 Lakh for malicious prosecution.

This is Law of Torts in action.

(c) Haresh Raichura 26/9/18 Revised and Reposted 26/9/19

#law #lawstudents #junioradvocates #advocates #howto #supremecourt #torts #falsecase

Need for some training under some senior after graduation in law

An example to show that Law Degree without practical experience is of little use. #truestory

A fresh law graduate in #Delhi became advocate and started practice on his own. He did not thought it fit to work under a senior lawyer.

He had scored high in law exam and he was from a prestigious law college. He was proud of his knowledge of law.

A poor man came to him. His landlord had filed eviction Petition against him under Sec.14(e) under Delhi Rent Act. 1958

He looked up latest law and felt that Judge had committed blunder in entertaining this petition.

He filed petition in court saying that Sec.14(e) Rent petition was not maintainable since 1995 Delhi Rent Act has been passed. He prayed for dismissal of eviction Petition.

After hearing, Judge dismissed his application saying that Delhi Rent Act of 1995 is still not notified and is not applicable.

Because of this wrong application of Junior advocate, the 15 days time to file Leave To Defend by tenant expired...

Eviction decree was passed automatically against tenant and he lost his residential premises.

It is advisable for a new advocate to get training under some senior lawyer for at least for six months.

(c) Haresh Raichura 19/9/19

#law #Lawstudents #junioradvocates #lawfirms #experience #advocate #careers #job

Is Law really an ass? There is a saying that the "Law is an ass." After 37 years in practice in law, I think that I have found an answer.

Is Law really an ass? There is a saying that the "Law is an ass." After 37 years in practice in law, I think that I have found an answer.

The answer is, "Sometimes it is an ass and sometimes it is not an ass."

In one ancient army, an arrow was stuck in head of a soldier. He went to external doctor. The external doctor removed half of the arrow which was visible.

Regarding arrow which was inside his head, he advised him to go to Internal Doctor. He said,"It is jurisdiction of Internal Doctor to remove that part of arrow."

When I see Justice losing against games of jurisdictions, I remember this story.

At othertimes lawyers try to outsmart judges. They file multiple cross proceedings in such a way that Justice gets locked in their games.

When I see judges seeing through these games, and when they do justice anyhow, I remember that "Law is not an ass".

You have to get into arena of courtrooms to see exciting games and exciting battles.

Those who have read Perry Mason series of novels, know how exciting courtroom dramas are.

(C) Haresh Raichura 18/9/19

In advocacy, if your court manners are decent, the clients as well as judges remember you for many many years.

About clients I know this fact since many years, but regarding memories of judges, I learned this lesson only today.

During 1982 to 1986, I had practiced in District Court Junagadh. In small cases I had appeared before many civil judges there.

Today, one of these judges called me . He said now he is 75 years old and he is practising in High Court.

One of his client had some work. So he immediately remembered my name and called up me to refer his client.

He said he remembers me very well as I had appeared before him in many cases.

The Judge remembered me after 35 years. During all these we had never any interaction. I could not remember the judge but he remembers me well even after 35 years.

This point is about memories of judges. Whether we behave good or bad in their courts, they remember us for many years. They have long term memories about advocates.

#law #clients #judges #court #motivation

Gandhiji's Explanation about God :-

" I see that everything and everyone around me is dying or being destroyed. Behind all these, I see a set of mysterious laws operating  in background. These laws are God or Giver of these laws is God.

It is not possible for me to understand these mysterious laws fully. But I believe that these laws are benevolent.

Though I do not understand them fully, it is safe to believe that these are laws of moral government. Love and truth are supreme good under these laws.

I cannot see these laws with my five senses.

But there are many things which we can feel though we cannot see them with our five senses. In same way,  I feel these laws though I cannot see them with my five senses.

To see these laws through intelligence is meaningless unless their seeing also changes our heart and our conduct.

There is a timeless series of saints who have seen these laws and seeing these laws have changed their hearts and conduct. To deny these saints is to deny God.

It is impossible to prove these laws (God) through our five senses. My advice is 'Do not attempt the impossible'.

(Paraphrased from Gandhiji's 1931 speech)

Suddenly Contempt of Court Law has taken a leap forward.

Suddenly every judge in India has become bold and empowered and has now got power to punish any lawyer who abuses him or shouts at him or tries to bully him during arguments of a case....

It all happened suddenly and unexpectedly.

A week ago, an advocate while arguing a case in Supreme Court, abused and try to bully one of the judges of a two judge bench.

The Judge did not take this lightly. This was a contempt in face of a court.

Old view was such thst when a lawyer commits contempt of Judge in face of judge, the judge issues him notice of contempt and transfers the case to another judge to deal with the contempt.

This practice was not working effectively. The procedures of issuing notice, proper service of summons, and then filing of reply, and then hearing in other court used to take months and years.

Now law has suddenly taken a leap forward. It has been held that when contempt is made on face of a Judge, the judge can punish him then and there itself...no need to issue notice.

It means this in simple words :

Every Judge in India is now armed with a new power in contempt law. Entire Judiciary has become stronger against 1) " Lawyers who have nuisance value " and 2) who "Pride themselves in bullying the judges".

Indian judiciary has moved forward.