One should avoid to try to guide or advise people higher up in public domain

Many years ago, once I had written a letter to a very big personality, drawing his attention to some areas in which social work was needed.

Sharp came his reply. The reply began with a hammer statement.

It read,

"I do not like to be guided and advised by others...."

I instantly learned the lesson, that people who are higher up have their own agenda and their own plans. And they are moving on their agenda at speed of bullet train.

It is not wise to try to guide or advise them.

I write this because, I think everyday judges in High Court and Supreme Court receive lots of letters advising and guiding them about which injustice needs to be removed.

I think it is not right to try to advise and guide people who are at much higher level than us.

Haresh Raichura 3 Sept, 2020

The lawyer who sent money to a client when he heard that his house was washed away in flood due to heavy rain

The lawyer who sent money to a client when he heard that his house was washed away in flood due to heavy rain.

This actually happened some years ago. I could not believe this at first. But when the client who had received money told me, I had to believe him.

He was dismissed from service without due process. He went to an Ahmedabad lawyer.

Since he was poor and out of job, the Lawyer agreed to fight his case for nominal expanses charges.

He fought. And won. The client got his job. But some seniority and benefits were denied to him.

So he came to me to file an appeal in Supreme Court, and then he told me this story.

He had a house in lower plane of Surat near a river. When heavy rain and flood came, his house was washed away.

His case was still pending and awaiting hearing in High Court.

When Ahmedabad lawyer read in newspaper about flood, he made inquiries about his client and learned that his house was washed away.

The lawyer immediately sent money to client to help his rehabilitation.

The name of lawyer is Prakash H. Pathak.

(C) Haresh Raichura 25/8/19, 25/8/20
#law #lawyerlife #lawyers #lawstudents #interns

"I don't have money to pay your fees. But I give you my blessings that you will become a very big judge", said the poor widow.

 "I don't have money to pay your fees. But I give you my blessings that you will become a very big judge", said the poor widow. 

This happened many years ago somewhere in Madhya Pradesh in India. 

A poor widow had approached a lawyer with her case. 

She had however no money to pay his fees. The lawyer filed her case and won her case. 

The widow said,""I don't have money to pay your fees. But I give you my blessings that you will become a very big judge".

The lawyer smiled and moved on to his other cases. 

After some years he was elevated as High Court Judge. And then he was elevated as Supreme Court Judge. 

And then he retired as 35th Chief Justice of India.

His name is Justice R. C. Lahoti, former Chief Justice of India. 

(C) Haresh Raichura.19/8/19, 20/8/19

#law #india #fees #supremecourt #motivation #careers #success #inspiration #lawstudents #interns #highcourt

Requesting Court to order taking of voice samples of opposite party. In family court and in 498A cases, husband and wife often claim to have recorded phone conversations

Requesting Court to order taking of voice samples of opposite party.

In family court and in 498A cases, husband and wife often claim to have recorded phone conversations on their smart phones.

In such cases, sometimes a simple application to Court, to order voice sample of opposite party, can turn tables for the parties.

The latest ruling of Supreme Court of India,  giving power to Magistrates  to order Voice Samples of accused even against their wishes, may have effect on all such cases.

Because now the parties may began to apply for taking Voice Sample to prove phone conversations.

Thus the law is expanding after recent ruling of Supreme Court in Ritesh Singh Versus State of U.P which can be seen on internet.

(C) Haresh Raichur 3/8/19 repost 3/8/20

#supremecourt #strategies #familylaw #India

What I am looking for is a metaphor. A metaphor which can make every minute of my life as meaningful and progressive. Once I have used "Train Metaphor". In this metaphor, I imagined that I am a train and..

What I am looking for is a metaphor. A metaphor which can make every minute of my life as meaningful and progressive.

Once I have used "Train Metaphor". In this metaphor, I imagined that I am a train and each passing event in my life is railway station. And active life means moving forward in darkness, on railway tracks.

Gandhiji found some metaphor. Whenever you are in doubt about to do or not to do something, think about face of a poor man and ask if your action is likely to help him.

Then he found metaphor that "I am servant of God. Since God is in rveryone, I am servant of everyone."

Laxmi Mittal found metaphor that "Life is a big highway on which our car is moving. We all have limitations which are our speed limits. Sometimes, there are signs to show that we should slow down. Then we have to slow down."

One family court judge found that all frictions in family arise because people do not stay in their lines. We all are driving our different models of cars. Some are low cost cars and some are high cost cars, we all have to live in our lanes to avoid accidents. 

I know a foreign friend who lives by metaphor of a "Sojourner - A person who has come alone on Earth and whose mission is to keep journeying alone and to keep meeting people who are met on this life journey".

I am looking for some similar metaphor which can help me  "To live meaningfully and with contentment of moving towards my life purpose".

But I have not yet decided my Life Purpose. 

May be my life purpose is "To discover verifiable truth about operations of invisible laws of God, how He rewards good dooers, how  He punishes bad doers..  and how His laws of coincidences and law of telepathy works.".

Which metaphors can work for me?  Which metaphor can help me in living on a purpose? 

Some of my possible metaphors are mentioned below.

1. I am just a human instrument in hands of God. He plays me.
2. I may live life as if I am a servant of God, who is sent on Earth to do some work,  But this servant is now suffering from amnesia. So he has forgotten work for which he was sent.
3. I live in a Trinity. Me, my Inner Voice and the Rest of the world. It is my Inner Voice which brings me messages from God and it is my Inner Viice which nudges me now and then and brings me messages from God. 

Presently, it is from this Trinity, it is my Inner Voice who is presently  nudging me to publish this article on blog and to await a response or message from the Universe.

(C) Haresh Raichura  1st August, 2020.

If Superior and Higher Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"......then there will be chaos and uncertainty

If Superior Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"......then there will be chaos and uncertainty in all criminal and civil cases unless such words are understood in proper context.

When a lawyer will cite precedents in trial court, the judge can disregard all those citations by writing one line that "facts on those cases are different". 

Thus all precedents will lose their persuasive value.

Arbitrariness in discretionary orders may follow.

Stability in law will become subjective and outcome of case will be different as per subjective views of each different Judge. 

The truth is, all judgements are given in the context of certain facts of each case. 

But underlying principles of law and of evaluation of Evidence remains the same. They must be applied in such a way that selective reliance on precedents is avoided.

Even when facts are different, the law and observations and principles discussed by superior courts are still supposed to have some binding value on lower courts to prevent uncertainty in Criminal Law.

Perhaps some balance can be found between Cetainity of Law and Certainty of Justice. 

Haresh Raichura 31/7/17 revised 31/7/20

#law #India

About the depression felt by Junior Advocates who fail to become a judge even after several Judicial Exams?

1) During law college years, they had dream of getting job in corporate law firm...  

2) When they didn't get job in law firm, they sat down to become a Judge by passing Judicial Exam. 

3) When they failed in that too, they had no option but to start their own law practice.

4) Now they began to notice that those who were dull and less intelligent then them, were making already good in legal profession. 

5) Now they began to feel as if they were drop out.

In these phases, they sufferred lots of anxieties, sleepless nights, deep depression and they also noticed how anxiety and depression affects a person's brain, health and his world view. 

Life however, is bound to survive against all the odds...

Nani Palkhiwala wanted to become a professor, He failed in interview. He was rejected. He started learning law and then later he joined legal practice and then he made it to top. 

So for them too, there are hopes.

(C) Haresh Raichura 31/7/19 revised 31/7/20

#lawstudents #junioradvocates #law #lawyerlife #lawfirms #career #howto #exam #junior #advocates #motivation #advocate #judge #judiciary #lawexams #judiciaryexams

On the tree of legal profession, fruits do not start growing from the next day. Once there was a young lawyer. #truestory

On the tree of legal profession, fruits do not start growing from the next day.

Once there was a young lawyer. #truestory 

He planted a tree and began to nourish the tree by watering it everyday. 

At night also he used to sleep under the said tree. 

He protected the tree against draughts and floods.

Then the tree began to give fruits. By selling these fruits he began to earn.

Then he rented a house and got married. Then he bought a car. 

His wife was also a lawyer. So they both began to nourish the tree. 

Now he purchased his own house. He got children. He put his  children in schools. And then in colleges. 

He got his children married. And he became grandfather.

During all these years he watered his tree everyday and he earned by selling fruits of the tree. 

One day he became old.

His children began to water the same tree and they continued his work.

Then one day,  one another young lawyer came. 

He also planted his tree. He began to water his tree daily. 

He wanted to see fruits on it very next day. But he saw no fruits for many days. Months passed. He lost his enthusiasm.

Finally one day he discarded the tree and left legal profession.

(C) Haresh Raichura 31/7/19 revised 31/7/20

#law #lawstudents #junioradvocates #careers #motivation #howto #success

How to brief a senior advocate . When a Junior Lawyer goes for conference to Senior Advocate, to brief him for a Supreme Court Appeal, he may expect following questions from Senior Advocate ...

When a Junior Lawyer goes for conference to Senior Advocate, to brief him for a Supreme Court Appeal, he may expect following questions from Senior Advocate ...

1) Who are we? ( Answer could be Petitioner, Respondent Plaintiff, or difendant, etc.... )

2) Who first went to the court ?

3) What was his prayer before trial court?

4) What did trial court do? What order did it pass?

5) Who went in appeal? Was there any cross appeal filed?

6) What did Appellate Court do? What order did it pass?

7) Who went to High Court? What did High Court do?

8) Why? Why did High Court do that? Show me page where High Court has given reasons?

9) And why do you say that this order of High Court is wrong?

Thereafter, a brain storming conference takes place in which possible arguments are explored..

Here, if you have engaged an experienced Advocate on Record, he could help Senior Advocate in a great way because he may have references of suggested orders which may be possible.

And he may have noticed some key fact which may not have been discussed in High Court judgement. This can sometimes make a great difference.

(C) Haresh Raichura 28/7/18 Reposted 28/7/20

#law #lawyers #advocates #conferences #legal #lawstudents #junioradvocates #Supremecourt #Highcourt #legaleducation

Extreme Motivation for a First Generation Lawyer. One First Generation Lawyer, without joining any senior, starts in trial court

Extreme Motivation for a First Generation Lawyer.

One First Generation Lawyer, without joining any senior, starts in trial court and begins with cases of death convicts.

He gets acquittal of one death convict. It becomes a history. And then it has now become a movie titled "Just Mercy". I just saw it on Amazon Prime.

If you are a first generation lawyer, and if you ever feel depressed for not getting a job in a lawfirm, or a placement in office of a senior, just see this movie.

It may give you extreme motivation.

Last words of movie are "Opposite of Poverty is Not Wealth. Opposite of Poverty is Justice."

In past, I too had a similar experience when I saved one death convict named "Bhagwan". It was a case done without charging any fee or expanses.

(C) Haresh Raichura 27/7/2020

#law #lawstudents #lawfirms #junioradvocates #lawyers #advocates #highcourt #supremecourt #movies #JustMercy

How Junior Advocates can write about their problems to High Court Judges. A method tested in 1982.

In 1982 when I joined a District Court Bar, there were two Bar Associations.

It appeared to me that office bearers of both these Bar Associations were pursuing their own interests and none was interested in problems of juniors.

I met two to three other junior members of Bar. We formed a Junior Advocates Forum (A platform to express problems of Junior Members of Bar). Letterheads were printed.

Then we wrote letters to High Court about issues that bothered junior members of Bar. 

Letters were addressed jointly to 1) Chief Justice of HC and 2) Adminstrative Judge of HC.

Soon follow up actions were noticed and grievence were redressed by District Judge. 

In 1986, I shifted from District Court to High Court and thereafter this Forum stopped.

---

Whenever we wrote these letters, we made sure that letters were very polite and gentle, there were no allegations against anyone. 

We just expressed our problems and then left it to wisdom of High Court judges as to how to slove our problems. 

We knew that they had vast resources to help us.

(c) Haresh Raichura 27/7/18 Revised 27/7/20

#law #lawstudents #junioradvocates #advocates #highcourt #supremecourt

Burden of Unsustainable Debt" and imprisonment u/s 138 of Negotiable Instrument Act

 Less Examined Public Interest Issues : "Burden of Unsustainable Debt" and imprisonment u/s  138 of Negotiable Instrument Act.

Prior to criminalisation of check dishonour, the Banker's used to examine customer's "Earning of last three years and his capacity to repay loan". Then only they used to give loan.

After the criminalisation of check dishonour law, the banks are offering "unsustainable debt" to customers against their properties.

Since the debt is an "unsustainable debt", within an year or two, the customer will be in no position to repay debt.

Then he will face criminalisation under check dishonour law and his property will be auctioned away at throw away price under SARFAESI Act.

The unexamined question of law here is concept of "Unsustainable Debt". It is something above the provisions of Contract Act.

In such cases in trial court or at notice stage, the defense of "unsustainable debt", must be pleaded and proved. Definition of "Unsustainable Debt" can be found on internet.

To me, it seems that these areas of law requires some research.

(C) Haresh Raichura 25/6/20

#law #sarfaesiact #banks #loans #cheque #dishonour

Lawyers and law firms in India which are practising without valid degrees, may become liable to pay huge damages under Consumer Act.

 Lawyers and law firms in India which are practising without valid degrees, may become liable to pay huge damages under Consumer Act.

It has been in news that Govt of India is contemplating some amendment in Consumer Act and Rules.

1) There have been reports of lawyers practising without valid degree.

2) There have been rumours that many non-lawyers are opening law firms under cryptic names and then hiring junior advocates to do the work. The fees are taken by non-lawyers owner of firm, who then asks salaried juniors to file Vakalatnama and fight cases.

This is like non-medical persons opening hospitals and hiring young doctors on salary basis to run the hospitals.

3) Supreme Court Judgements that lawyers do do not come under Consumer Act may protect duly qualified lawyers and law firms, but may not protect fake lawyers and fake law firms. 

(C) Haresh Raichura 10/3/20

Choosing directions is better than choosing goals

Choosing directions is better than choosing goals. Suppose if you have a goal to become a "Corporate Lawyer".. Then you will work towards it. You will study materials for your Goal. You will get certificates and experience. And yet, since there are many variables in life, you may end up becoming something else and you may feel frustrated.

Choosing Direction is different.

For example if you choose to keep going towards East, you continue to move in that direction.

For example, if you decide to become "one of most highest income tax paying advocate".
Then this is direction will keep moving you towards becoming a rich lawyer. Life may put up many obstacles, but your direction will keep moving you in that direction.

And suppose I choose to live "like and Artist"... My direction will be to craft every phase of my life as if I am an artist who is designing and painting my own life on canvass of my life. Now and then, I will stop to admire beauty of my painting.

And suppose if I choose direction of my life as "Serve the mankind", I will be found mostly busy in helping others.

Such are the powers of setting directions in life.

(C) Haresh Raichura 26/2/20

#law #corporatelaw # #junioradvocates #advocate #districtcourt #supremecourt #highcourt #nlu #inspirational

How writing few letters to Supreme Court Judges helped an AOR who was suffering from Parkinson disease?

S-19 How writing letters to Supreme Court Judges helped an AOR who was suffering from Parkinson disease? 

I first saw him in about 1991, sitting in Library No. 2 in Supreme Court. He was now and then shaking up with spasms in whole body. On inquiry, I found that he was an  Advocate on Record and he was suffering from Parkinson's Disease. His name was V.

I approached him and asked if he would sign my cases for Fee of Rs.500/-. At that time I was not AOR, so I needed some AOR to sign my cases. He agreed to sign my cases on condition that he will have to read my grounds before signing it. 

I signed few cases through him. One day I asked him why he was not going away to his village since his disease was worsening day by day. 

He said he had not enough money to go back to village. Secondly, medicines were costing him Rs.500/- per day. Twice circulars were circulated to members of Bar for help. Some help comes if he stays here. Further here he makes some money by signing in cases of other Advocates. This helps him to buy medicines. 

After two days, I wrote a letter to Hon'ble Chief Justice M.N.Venkatchalliah and four other senior Judges of Supreme Court, describing plight of this Advocate on Record.

Then I forgot about letters. I did not tell that Advocate or to anyone about the letters which I had posted.

After one month, I did not see him in Lib.No.2.  On inquiry I was told by his friends that he had gone back to his village. A senior advocate named A had donated a huge amount for his welfare. He was sent with six months medicines in advance. A fixed Deposit was created so that from its interest, every month costly medicines can be sent to him. 

After about 3 years, I read a circular in Bar announcing that this Advocate on Record has passed away peacefully in his village. 

It is now 25 years. Till today I have not told this story to anyone in Supreme Court Bar or to anyone else. Today that Advocate on Record is no more. The Senior Advocate who had donated huge amount has also passed away. 

I think this story need to be told. Hence I have written today.

(C) Haresh Raichura 17/10/16 Reposted 11/2/20

#lawyers #Supremecourt