May 2, 2017

S-133 Sometimes Judges "Think Like A Detective"

The question was about genuineness of a Will.

The man claimed "He was servant of the deceased. All his relatives had left him in his old age. He was looking after all court cases between deceased and his sons. Being pleased with his service, the old man, before dying, signed one page typed will, in which one property was given to him."

Judge thought like a Detective. It was possible that this man may have obtained signature of old man for purpose filing some case and then he may have misused this paper for making Will in his favour.

Judge carefully looked at Will. It was typed on one page in double space. But last four lines of will were in single space. This indicated that signature was first obtained on blank paper and then to accomodate writing, last four lines were squeezed into single space typing, just till above the signature.

The Judge refused to believe the will after looking at this as well as other circumstances which made this Will suspicious.

His judgement was upheld by all superior courts.

S 135 "Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

"Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

Many years ago, J. Krishnamurti asked above question.

Now Science has found, through brain mapping, that before we think a thought or make a choice, some 0.005 second earlier, movements are seen in unconscious part of brain.

Implication of this discovery is wide. It may mean that all our thoughts and choices may be controlled by unconscious parts of our brain.

Criminal Law in US, has already taken note of this development for purpose of interpreting whether accused had intention to murder or was he acting under emotional forces over which he had no  control. Here in India, I have yet to seen a case in the Criminal Law where such points are established and argued.

S-136 Error by few newcomers in Legal Profession

Sometimes, we make errors because we do not know difference between First Step and Second Step. We do not know the order of different steps involved.

For example, a child learns to Run, first by learning Crawling, then by learning to stand, then by learning to walk and lastly by learning to Run.

Sometimes newcomers want to start Running before learning to Walk properly.

This affacts performance.

Apprenticeship is a very important phase for new Lawyers. It should not be undervalued.

Haresh Raichura 2/5/17