Just as Doctors make diagnosis on basis of lab reports, the Lawyers and Judges make diagnosis on basis of documents.....

Just as Doctors make diagnosis on basis of lab reports, the Lawyers and Judges make diagnosis on basis of documents. 

The documents have different weights. 

For example, a resolution of government has more weight than a letter from a government officer. A gazatted circular has more weight than a resolution of government. Notified Rules have more weight than a circular. A registered document has more weight than an unregistered document. etc.

Sometimes oral evidence has more weight than pleadings of parties and sometimes pleadings of parties prevail over oral evidences.

There are different layers in Evidences. 

A party may have 10 evidences in his favour but sometimes one small evidence against him can sink his entire ship. 

This is because there are different layers in Evidences. All documents do not carry equal weight.

(c) Haresh Raichura 12/5/21 

Bank Law reform

In next 60 days, entire laws relating to 1) Dishonour of Cheques 2) And Code of Ethics may become applicable to bankers. You can mark or save this Post to see if law in these area realy changes or not. .

Three Points

1. A case is going in Supreme Court, where entire trial court procedure in cheque dishonour cases is being discussed and also moves to set up more courts for such cases, are being examined.

2. RBI has directed Association of Bankers to come up with an ethical code of conducts.

3) In past, I saw that a man in Gujarat, who had properties. Though he did not need any loans, a branch manager seduced him to take lots of loans, without examining his capacity to repay . 

4. When he made defaults in paying EMI, two criminal cases were filed on him. One under Sec.138 for dishonour of a check and Second criminal case for defaults in paying EMI under one another criminal law regarding EMI defaults. The policeman who served his summons of cases, also gave him number of a Delhi lawyer, who could help him with this financial institute. The cases under Arbitration Act, under Sarfaci Act, were in queue. Soon the properties of this man were auctioned and he was ruined because of unhealthy practice of a Financial Institute which has Branches all over India. Its real profit is Bank Interests + Kickbacks from an auction sale of property of a debtor 

How to apply time to a particular client, for his particular case, and for particular task relating to his case and to keep its record also?

How to apply time to a particular client, for his particular case, and for particular task relating to his case and to keep its record also? How to be aware about this? 

As per One Money-Minded man, the work you are presently doing has no value unless you know 1) Name of Client for whom you are doing this work 2) Name of his case or project  for which you are doing this work and 3) For how much time you are spending on this. 

I found that there is one mobile free app on play store, which can be used without any advertisement, (there seems no time limit on free use), where you can record and track time spent for each client (domain), for each case (project)  and for each type of task.

It is called Gleeo Time Tracker and timesheet.

There are better apps also. But this can help us starting applying our time to productive work.

Misunderstandings about #Contempt Law in India

1) Contempt law is not used to make someone famous. When Supreme Court issues notice of contempt to some person, the person who filed contempt petition and the person to whom notice is issued get publicity in news. But this is not the purpose of Contempt Law.

2) Judges ignore many contemptuous acts. They decide on their own about what deserves their attention and what doesn't. Attorney General's opinions not binding on them.

3) The Judges only use Contempt Law, when they feel that it is most necessary to send a message to public at large.

4) The Judges have absolute powers to decide what is contempt and what is not contempt, in facts of each case. There are no fixed rules here. This is an area of discretion of the judges. 

5) Even after finding a person guilty of contempt, the Judges may let off the contemner without any punishment, or with nominal punishment, if they think it so fit. (Arundhati Roy Case) 

(c) Haresh Raichura 01/03/21

How to discover one's "Vein of Gold" ?

All of us have, one or other hidden talent. For lack of a mentor and guide, we seldom find it. Here is one suggestion.

Julia Cameron, wrote a book titled "Vein of God". 

This book suggests several methods by which one can identify one's hidden talent.

1  One method suggested by her is called "Morning Pages". Everyday morning, pick up a notebook, or Evernote, or in any other diary, and start writing anything that comes to your mind.

The point is, "Write ANYTHING, and fill up at least 3 pages." 

if you start writing anything, it may be easy for you to write one page. But then to write and fill up further two pages, your mind will have to search or to dig for something. And then you may begin to see some diamonds, hidden inside you.

2. Erwin Yalom, a psychotherapist, describe this as "Chimney Sweeping" in his novel "When Nietzsche Wept". He suggests, take a register, and start writing down, one by one anything that comes to your mind. (This novel has also therupatic value for those who have sufferred "Relationship Break Up")

This is a sort of "free Thoughts writing." 

One begins to dig up what is hidden in one's mind.

(C) Haresh Raichura 28/2/20 revised 28/2/21

#books #law #lawstudents #writing #success #junioradvocates #advocacy

A tribute first lady lawyer who completed LL.M, Lily Isabel Thomas, Supreme Court Lawyer

She passed away at age of 91. She was from Kerala. 

Her, two cases of large public interst, affected every citizen of India.

Though the judgements were given by Supreme Court, she was the instrument, she was the one who brought these issues to the notice of Supreme Court.

1. There was a time when politics in India was very very ugly. The persons convicted of murder types crimes where being elected to Legislative Assemblies and to Parliament. Her petition changed these all. In her case, Supreme Court banned such person from contesting election.

2. Another social evil she noticed was about husbands who were converting to another religion, just to have more than wife. Her petition stopped this social evil.

She passed away on 10/12/19. You can find more about her by searching on Google.

She believed that it is duty of lawyers to change laws by taking up appropriate causes of society. 

I am not sure how many lawyers believe that it is duty of lawyers to strive to change laws. 

I write this post just to make you think about this issue. 

(C) Haresh Raichura 26/2/20, Revised 27/2/21

 #law #justice #advocate #lawyers #supremecourt #junioradvocates #india #districtcourt #nlu #highcourt

How to start career as a politician - a real life example.

1. When I first saw him, he was working as an employee in a private bank. After job was over at 5pm, he would go to govt hospital and will stay there upto 9pm or more. If any poor patient, needed any medicine, he would phone some of his friends and they would arrange for medicine.

2. Then he saw that some patients were coming from nearby villages. He and his friends, arranged tiffins for them.

3. Then someone donated a cupboard to be kept in an unused corner of hospital. The patients who recovered started donating their excess medicines. The medicines were kept in cupboard and were given to needy patients. 

4. Then someone donated an ambulance to be used for poor. 

5. Now his Bank manger said, "Do not come to bank except for signing in register. We will do your part of work. You stay whole day at hospital."

6... And then his political career picked up. He contested election as an independant MLA and continued to win term after term. For FIVE terms, and on the way, he also joined BJP also. 

7. You can find more about him on Google, his name is Mahendra Mashru, Indian Politician.

(c) Haresh Raichura 25/2/21

#job #career #politics #lawstudents #junioradvocates #advocacy #legal #legaleducation #lawyers

Maintaining decorum of Supreme Court while addressing the Court. Incidents have happened when Supreme Court has to adjourn cases when ....

About maintaining decorum of Supreme Court while addressing the Court.

1. Incidents in past are also reported where Supreme Court has adjourned cases when some young advocate has either "Improperly addressed the court" or when he has been "improperly dressed" while appearing in court. 

I think this will continue to happen, till rules are suitably changed. 

2. At present, Supreme Court Rules, 2013 says that any advocate who has experience of 1 Year can appear and can argue in Supreme Court that the High Court Judge, who may have 40 Years of experience, has committed grave error on facts and on law ! 

3. Something here, just do not add up. 

4. Definition of "Etiquette" needs also to be checked. It means "formal rules which are usually to be followed in professional and social settings by usual practice". 

The judges who have years experiences, simply adjourn such cases when they face a young lawyer, with 1 year experience, addressing them incorrectly or giving them lecture imprudently or when he appears to be in improper dress. 

(c) Haresh Raichura 23/2/21

#manners #etiquette  #supremecourt #highcourt

#advocacy #junioradvocates #lawstudents

"Sir, when should I join legal profession? -

"Sir, when should I join legal profession? - a friend, someone more than just a LinkedIn connection asked.

I replied as under:

1. This question is to be answered by every individual himself.

2. It is like asking "When should I jump in a river full of crocodiles, in order to learn to swim?'

3. Everyone has to assess his own needs and his own willingness to undertake an adventurous and uncertain journey.

4. It is a battle between your "Will Power" and your "Your Reason." If a person's Reason is stronger, he prefers security and accounts type jobs. If a person's Will Power is stronger, he overrules  advice of his Reason and he takes decisions even where risks are high.

5. In my young age, most of my decisions overruled my reasons. But now in retrospect, I think that I should have followed advice of my Reason power. Many times, I had to fight with giant crocodiles in this wild river of law.

(c) Haresh Raichura 24/2/21

#motivation #legalprofession #lawstudents #legal #advocacy #junioradvocates #success #leadership #attoney #solutions #careers #job #lawfirms #lawschools

Bamboo Tree Principle of Success - Particularly in Independent Legal Practice 1) After a Bamboo tree is planted, there are no visible signs of progress for five years. You continue

Bamboo Tree Principle of Success - Particularly in Independent Legal Practice 

1) After a Bamboo tree is planted, there are no visible signs of progress for five years. You continue to water this plant daily but it shows no sign of growth. After five years, within short span of three weeks, it rises more than 15 feet. 

Legal profession, independent legal practice follows same rule. For five years, there may be days of struggle but then fruits begin to come after five years. Clients from unknown direction begin to pour in. 

If you want instant gratification, try to find a job in legal profession. If you want to flourish in your independent law practice, remember how bamboo trees grow. 

2) Second principle from which I always draw strength is, "Nothing goes in vain in this Universe". Whatever work or labour you do, nothing goes in vain. Someone somewhere gives you credit for your work.

Important : Both these principles pull us away from "Desires for Instant Gratification". 

(C) Haresh Raichura 20/2/19, 20/2/20

#success #Law #careers

Focus only on these 3 main goals. Other things need to fit somewhere in these three main goals.

Focus only on 3 main goals. Other things need to fit somewhere in these three main goals. 

Goal 1:- "I will learn more so that I can earn more."

Goal 2 :- "I will have one mentor because I have learned that significant progress is not possible without one mentor. I know the story of Nikola Tesla and Edison. I have read "My Inventions : Autobiography of Nikola Tesla".

Goal 3 :- "I will focus only on doable things".

I think all other things can be grouped under these three goals.

(c) Haresh Raichura 18/2/21

 #success #nikola #tesla #edison #motivation #junioradvocates #legal #leadership #inspiration #advocacy #argumentation #legaleducation #career #junoradvocates #advocates #lawyers #lawstudents #lawfirms 

Judgement M. J. Akbar V/s Priya Ramni. Does this judgement become wrong simply because it mentions incidents from Mahabharat and Ramayan

It does not. 

The key principle is "Look at the context. The context gives meaning. If one statement is taken out of its context and if it is used in another context, the entire meaning changes. 

Here in this judgement, look at the context in which this reference is made : "It is shameful that incidents of crime and violence are happenning in the country were mega epics like Ramayan and Mahabharata are written thousand of years ago" and then he goes describe the issue in those mega epics.

In no way, he is using these parts as "Evidence" are "Support to a finding". 

No faults can be found in the judgement simply on the ground that he referred to mega epics of the India.

(c) Haresh Raichura 18/2/21

 #india #criminallaw #legal #argumentation #advocacy #junioradvocates #questions

Once a law student wrote to me, how can he control his anger? There is a game that may help...

Once a law student wrote to me, how can he control his anger? 

My views are as under: 

1) It is difficult to control emotions. These are biological movements. They suddenly come out from the body, they bypasse "wisdom area" of brain. 

2) Emotional Intelligence books are there, but I am not sure that they help. Knowledge itself does not change us unless it is tested by us in our own set up.

3) On android Play Store, I found a Game App called "Equoo". It claims that 

(1)it is an evidence based game, 

(2) the more one plays the game, the more emotions become better. 

It says that all one need to do is to keep playing this game again and again. 

It also has a library section where scientific papers are indicated if any one wants to know theory too.

It claims that this game improves our responses to others.

I often play this game, when I feel that I have wrongly behaved with someone. 

I have this game since about 3 years. I am waiting for its more versions. 

(c) Haresh Raichura 16/2/21

#lawstudents #advocacy #junioradvocates #law #emotionalintellegence #emotionrecognition 

#angermanagement #anger

"How can I remember citations and law provisions"- a LinkedIn connection.This is a very good question. I had heard that Ram Jethmalani had memorised all provisions of Cr.P.C. and IPC and he could recite them all.Judges and

"How can I remember citations and law provisions"- a LinkedIn connection.

This is a very good question. I had heard that Ram Jethmalani had memorised all provisions of Cr.P.C. and IPC and he could recite them all.

Judges and Lawyers remember important judgements by process of a) frequent repetitions and references and b) by making written and mental notes about it.

If you believe that "Repetitions" can help you in memorising, then on play store I have seen an Android app called "Repetitool".

It helps in repeating an item by every few seconds, or by every few minutes or by interval of every few days, as per our choice.

Those intersted can try it.

I do use this App, but not to memorise judgements or provisions.

I use this to repeat and to strenghten good thoughts in my mind.

(c) Haresh Raichura 9/2/21

#law #lawstudents #junioradvocates #legal #advocacy #lawyers

Do you know the basis of Ram Janmbhoomi Judgement of Supreme Court?In my view, popular media, sensation loving media, has misled people. Archeological survey etc are not the basis of judgements.. The heart of the judgement is in para 796...

Do you know the basis of Ram Janmbhoomi Judgement of Supreme Court?

In my view, popular media, sensation loving media, has misled people. Archeological surveys etc are not the basis of the judgement. 

Heart of the Judgement is in para 796, 797,798, 799 etc.

If people of one religion, believed certain place to be birth place of their God, and if there are lots of evidences that these people held these beliefs since hundreds and hundreds years, then existence of such belief becomes a fact. And this fact stands proved by many many undisputed evidences. 

Then SC refers to various foreign judgements also where similar issues had arisen. 

The approach of SC is altogether different then approach of High Court. In para 796 itself SC says the issues in these cases are unique. 

The more you read it, the more you become amazed at the international principles of laws, which are not usually seen in normal property disputes. 

It is classic judgement in jurisprudence and may be referred in future international cases of similar nature.

(c) Haresh Raichura 9/12/21

For Those Who Are Puzzled by Recent Orders of Supreme Court in #Farmerprotest cases

Framers of Constitution visulised that there may be legal disputes which should be resolved rather than adjudicated.

For this purpose they armed Supreme Court with three Articles namely 32, 136 and 142.

Together these article have given Supreme Court to do power to do ultimate justice.

Here the powers of Supreme Court are not restrained by any law or enactments.

For example, under Art, 32, even in areas where no laws are made, Supreme Court can make temporary law, can redefine a new fundamental right, if it is ancillary to Art.21, that is Right to Live.

Under this powers, Supreme Court has declared that Right to Safe Drinking water is fundamental right. And there are so many other such instances like Right to Fair Investigation, Right to Live with Dignity etc.

Under Art 136, it can reexamine and can set aside any administrative order orany Judicial Order of any government body or any High Court or any other courts also, throughout India.

Under Art 142, Supreme Court can pass any order which it thinks fit and in the interest of Sovereignty and Integrity of Nation and Justice.

One of the role of Supreme Court is problem solving. There may be disputes and crisis where instead of adjudication of rights of party, a resolution between the parties may be in the interst of Justice.

Here, Supreme Court uses its power to pass any order under Art 142.

The orders passed in #Farmersprotest case are oreders of this nature

(C) Haresh Raichura 23/1/21