September 17, 2014

Way to stop killer school buses which kill toddlers- Suits for heavy damages in law of torts

Every six months, we read news about school bus accidents in which school going children are killed.

Possible reasons are:

Schools appoint drivers on contract wages, irregular driving hours, lack of special training.

Possible Prevention:

1) Strong regulations and laws do not much work because there is lack of man power to enforce rules.

2) Suits for heavy and exemplary damages against schools under law of tort can have deterrent effect. But then law of tort need to develop liability of schools even for vehicles not directly employed by them. School buses are parts of school. The school management should not be allowed to escape strict liability under law of tort on the ground that school bus was on contract basis.

Haresh Raichura
17/9/14


Two Lama on eve of retirement of Hon'ble Chief Justice R.M.Lodha (26/9/14)

The Year was 2022

In mountains of Himalayas,
Two Lama were sitting in a magnificent garden

Younger Lama asked,
"Who planted these beautiful trees and plants here?
Who created this garden?"

Elder Lama replied,
"Eight years ago,
A judge named R.M.Lodha was sitting here
Exactly at the same place where we are sitting today.
At that time this land was barren and dry

He was Chief Justice of India,
But he was given only two months time
To develop this large piece of land.

It was not possible to construct anything in two months
So in his mind, he designed a garden,
And spent two months in planting trees
And sowing seeds
At various points on this land.

Then he left at end of two months

But the plants and trees grew up into this garden
In 2022, these plants became full grown trees."

2)

"Where is this judge now?"
Asked Younger Lama

"He is there in ground below in 2014"
Elder Lama pointed out to a ground at footsteps of mountain

Younger Lama looked below in 2014
It looked like month of September

A crowd of lawyers and judges had gathered
In Supreme Court compound

It looked like farewell function for the judge
Every one was praising work of the judge
Everyone was wishing him happy retirement,
But inwardly everyone was happy that he was going.

Younger Lama asked
"Why everyone is looking happy that he is going?"

"Because after him,
No one was going to ask them to keep courts open
For 365 days a the year"

Elder Lama explained.


- Haresh Raichura
17/9/2014


September 16, 2014

3 Probable Reasons why Supreme Court asked name of whistle blower- a brief note

1) As per Supreme Court Rules, when a document is filed in Supreme Court, someone has to file affidavit that the Document is True copy of its original. Unless there is such affidavit, Supreme Court cannot direct respondent to admit or deny this document.

2) Suppose if document is found fudged or forged, then it will be contempt of court. Supreme Court must have name and address of person who may have misguided court with false document. Then only it can take contempt proceeding.

3) Disclosing name could be risky for whistle blower. So judges asked that name be given to Registrar General of Supreme Court.

This is my personal opinion.

Haresh Raichura
16/9/14