Suppose you are a lawyer and you are asked to draft a PIL to regulate butcher places? How can you go about it?

A friend asked me above question. Hence I right this post.

1) First search google.

2) Ask yourself, is there any law, rules, regulations, resolutions etc for regulating conditions of butcher houses?

3) Then ask yourself, who has power to make regulations? Central Government or State Government?

Here you may see some light.

In Constitution, In Art. 243W, you may find that it is provided that State can give powers to municipality to make regulations about matters in 12th Schedule.

In 12th Schedule, the subject of butcher house regulation is mentioned.

4) Fine... Now try to find out what rules/ circulars or resolutions are already made by Municipality or State Govt. Ask some friend in service, to guide you.

5) If you cannot find anything, well, use RTI.

Ask Chief officer, of Municipality if they have any rules, etc regarding butcher places.

Send similar inquiries to Directorate of All Municipalities in States, on this issue.

Send Similar inquiry to State Govt if they have any rules.

Also ask State whether it has delegated any power to Municipality under Art.243 W , Schedule 12, regarding this subject.

6) After two months, give all the letters, replies etc to lawyer. He may advice you whether HC or SC should be approached to enforce right under Art. 14,19(g),21 etc...

Haresh Raichura
1/3/2013

In UP, even if there is no provision for anticipatory bail, a party can approach HC with 226 petition to seek protection in event of arrest.

This I heard, during conversation in a case in Supreme Court.

Counsel was arguing that since There is no provision for anticipatory
Bail in UP, his client has filed 482 petition in HC, which is rejected by HC.

Counsel said that he only wants protection that his client may be granted bail in event of arrest by police, since there is no provision of anticipatory bail in UP.

One Judge said, in that case, even if there is no provision of Anticipatory Bail in Cr PC in UP, even than HC can grant relief in a petition under Art. 226 in the nature of anticipatory bail.

Haresh Raichura
1/3/2013

What will u do if Banker says that some of currency not deposited by u are fake and he will have to call police?

To keep fake currency notes or to try to circulate them are serious offenses punishable with life Imprisonment.

But suppose you get bundles of cash payment from a customer. You send some one to deposit them in Bank.

There banker finds that some of the currency notes are fake and he tells you that he will have to call police.

Then what will you say?

Initially, some such cases happened and police cases were registered.

But I think thereafter, some circulars were issued to Banks regarding what to do in such isolated cases.

Bank need not call police. It can destroy fake currency notes with consent of customer.

Matter ends there.

But if customer opposes destruction of fake notes or if quantity of fake note is high, the police may have to be informed.

I have seen a case were a customer put some notes in a cover and cover was dropped in ATM Box. When Bank contacted customer and told him that some of his notes were fake, he denied. So police case was registered against him for depositing fake notes in ATM machine.

Customer can use same method. If fake currency notes comes out from machine, he should contact Bank and ask bank's consent for destroying it and giving him fresh true notes.

If Bank denies that, then police case against Bank, Bank Manager can be filed for attempt circulate fake notes through ATM machines.

The police will have to investigate. But you should have some kind of proof to show that these fake notes were part of money you had obtained from ATM and you complained at earliest.

How small people get embroiled in such legal troubles

Mostly because of ignorance and little ego.

Suppose, you paid some money to X.

Next day this man comes back and says that one of note you gave was fake. When he went to deposit it in Bank, bank has destroyed it. Now he is asking same amount from you.

You are surprised and shocked. You say you never gave any fake note.
And anyway he should have checked before accepting amount from you... You get into denial mode. This escalates dispute.

This leaves a bitter taste in mouth of that person. He files a police case and trouble gets enlarged into a case and trial.

On the other hand if practical approach was made to solve the grievances, the matter could have been over with little loss.

Haresh Raichura
1/3/2013