Adv Haresh A. Raichura : 2023

May 22, 2023

A letter on behalf of young lawyers to Hon'ble Law Minister Shri Arjun Ram Meghwal.

Request to amend Advocates Fees Act to guarantee MINIMUM WAGES to young lawyers having practice of less than 2 Years.

Hon'ble Sir,

I live on an imaginary faith that all Glorious and Strong Persons are Parts of God. I believe that if any man expresses his wishes before such a person, his wishes are fulfilled by God as per nature and strength of that person.

Since you are a Glorious and Strong Person, I humbly express my wishes as under.

Young lawyers having less than 2 years practice find it very difficult to get clients and unless they are coming from affluent families, they have to starve. This convention in the legal fraternity, also prevents them from settling in marriage.

They do a lot of legwork for their Seniors, but they are paid less than minimum wages which are prescribed for skilled workers.

Most of these young people love BJP and Shri Narendra Modiji.

I wonder if you have any friends in the Law Ministry who can examine if Advocates Fees Act can be amended to assure payment of minimum wages.

I have no other strong friends in India except you. I think that there is no one else in India who can take interest in this matter.

Thanking you,

Yours Humbly

Haresh A Raichura
Advocate (Who was a starving young lawyer between 1982 to 1986)
22nd May, 2023

(Suggestion to young lawyers : If you feel so, you too can copy, paste, email, post this or similar letter, under your signature, to Hon'ble Law Minister. You can also request your WhatsApp Group friends to do the same. We need to come together to reform the system.

May 20, 2023

A short Story: A senior lawyer and a young advocate were crossing a river in a boat."Sir, I want to learn the law practice in your chamber." said the young advocate.

A short Story: A senior lawyer and a young advocate were crossing a river in a boat.

"Sir, I want to learn the law practice under you" said the young advocate.

Then he added details about his suitability. He said he had interned under many prestigious law firms. He had best law degree from a highly prestigious law college. He had knowledge of elite laws like Arbitration, Contracts, Corporates etc. Then he added that he had learned soft skills like communications, Microsoft, Google docs etc. Then he said he is a highly motivated person who is willing to do hard work. Then he said he does not want any remuneration. He said that he just wanted to learn in Senior's chamber so that he can become a very big and rich advocate. And then he said many more things about his ambitions, his leadership skills and bla, bla, bla.

The Senior lawyer did not look impressed.

Then the Senior lawyer said, "None of what you said is of any interest to me. Whatever you are is saying for you, of you and by you.... But tell me one thing, do you know how to swim in this river?"

"What do you mean ?" asked the puzzled junior lawyer.

Their boat was now in the middle of river.

The Senior said, "Because there is a hole in this boat and this boat is soon going to sink. If you do not know swimming, there is no one who can save you".

The junior saw that there was water at the bottom of the boat. And the water was increasing rapidly.

The Junior asked, "Sir, tell me what you mean by the word "swimming". And also tell me how can I learn to swim".

The Senior said, "Swimming means, "Ability to make people interested in you. To learn this skill, you may like to read Dale Carnegie's book, 'How to win friends and influence people' and Peter Kyne's book "Go Getter". You should read these two books as if they are your college text books. And then you should apply principles of these books in your real life And then you can meet me after three months."

(Story to be continues after three months)

May 19, 2023

How to Use WhatsApp Chat in Family Court Disputes ?

In present times, before a dispute starts between a Husband and Wife lots of WhatsApp chat have taken place between the two.

As per Evidence Act, a WhatsApp chat is a "Document" and it can be proved in court, like any other documents.

Evidence Act Sec.3 (2) (c) says that the document (WhatsApp chat) that says that a person said something is evidence and the courts can relied upon.

The person who received such chat can also prove that he received this chat form a WhatsApp account used by husband or wife.

Since these are electronic evidences, it is also necessary to prove that the chat has not been tempered with by anyone.

If someone has destroyed WhatsApp chat from mobile then screen shots can be proved as secondary evidence.

And person who has deleberately deleted chat with a view of destroying evidence can be charged with offense of destroying evidence.

In cases of disappearing messages, screenshots can be used as secondary evidence.

April 21, 2023

(2) Misuses of Certain Provisions of law in India : - Arrests by Police to recover money dues to the Complainant.

The use of Police for recovery of money due, happens when a Creditor invokes Sec.420 of IPC and says that the Debtor has cheated him..

Once the complaint is given to police, police gets power to arrest debtor.

The power of police to arrest without warrant from a judge is justified a) When a person refuses to disclose his identity to police b) When person is of wandering tribe, without having family, without having properties, without having substantial deposits in bank, and it may be for hard police to locate him again c) The person is of violent nature and if he is not immediately arrested, he may harm others. d) The person is so powerful that he can neutralise or threat potential witnesses..

In cases were the accused are civil by their nature, when they have trade, when they have offices or shops, when they have properties and families, when they are not likely to abscond, when they are ready to give undertaking that they will be available for further inquiries by police, it is not justifiable to arrest such person by police without warrant from a Judge.

I hope that young lawyers will give some look at these "Arrest without warrant" provisions to see how they can interpret these provisions in a beneficial ways to prevent misuse of these provisions, when they get such a case.

#law #lawyer #delhi #rent #property #india #people #lawyers #delhi #delhihighcourt

1) Misuses of Certain Provisions of law in India : - Misuse of Sec.14 (e) of Delhi Rent Control Act.

(1) Misuses of Certain Provisions of law in India : - Misuse of Sec.14 (e) of Delhi Rent Control Act.

A person, who is not even an owner of any premises can file an application under this provision,.and can still claim to be a Landlord. He can describe the occupant of a house as his tenant.

And then he only needs to see that after the service of summons, the defendant or his lawyer forgets to file "Leave To Defend Application' within 10 days.

Then the Rent Law says that "When no leave to defend application is filed within 10 days, the Rent Controller is bound to take facts stated in application as true and he is bound to pass eviction decree against occupant of house".

There are a lot of complicated situations where even "not lawful owners" can evict gullible people who may be occupying the premises.

Since such occupants are gullible, they are usually not aware that if their lawyer will forget to file "Leave to Defend Application within 10 days", they may lose possession on technical grounds because of misuse of law and or because of misconceived admissions in such applications at trial court level.."

Once such an injustice happens, the defendant has only two remedies, approach same court by way of review or to go to High Court by way of a revision..

But here again it may not be open to tenant to argue that the person who filed 14(e) application is NOT THE TRUE OWNER of property.

Thus, in this law, there are scopes of misuse.

I hope that young lawyers will give some look at these provisions to see how they can interpret these provisions in a beneficial ways to prevent misuse of these provisions, when they get such a case.