October 31, 2014

Can Trial Courts in India give Judgements in 10 Lines as they do in other country? Need for brevity?

Last week a client showed me a Divorce Judgement granted by an Australian trial court.

Judgement appeared to be in a format running into one and a half page and then signature of Judge.

Judgement mentioned facts ACTUALLY ESSENTIAL for judgement only. There appeared a prescribed form in which judgement was given.

If Indian Courts can introduce such short formats much time of courts can be saved.

The initiative has to be taken by Supreme Court or High Court for prescribing a format of judgement to trial courts in India.

Haresh Raichura
31/10/14



Copyright : Haresh Raichura 2014

October 30, 2014

Learning Logic with a Smile -> Judge: Common sense is very uncommon. Lawyer : Yes, Sir. Judge: What did you...

This happened in the court of Justice Dipak Misra, Justice R. F. Nariman and Justice U.U.Lalit.

Justice Dipak Misra said to arguing lawyer, smilingly ,"Common sense is very uncommon".

Lawyer replied smilingly, "Yes, Sir."

Justice Dipak Misra quickly asked back smilingly, "What did you understand by this ?"

Everyone laughed and the lawyer replied, "Nothing."

Justice Nariman quickly came to rescue of lawyer by saying, "I too have understood nothing."

Again everyone laughed.

The arguments then once again resumed.

LOGIC

To say that "Common Sense is uncommon"  looks like saying "X is Not X"

But here the word "Common" has two different meanings in same sentence.

Another point is since "Common" and "Sense", two words are used, the logical format can be :

Xy is not X

Think over this.

I too have yet not understood.

Haresh Raichura
30/10/14

October 27, 2014

Myth buster : Know that Filing of FIR is not final step. Police has still powers to close a false case.

In family cases of 498A, 376, or such other cases, the parties against whom a false complaint is filed, often feels and behaves as if sky has fallen on him. This belief and fear is a myth.

FIR is just first step giving power to police to investigate. If police, after investigation, if finds that :-

1) No offence is made out, it can close FIR and report to Magistrate by way of "closure report."

2) If Police finds that Complainant had filed false complaint in order to harass accused, it can give report to Magistrate that the Complaint is false and Complainant should be prosecuted and punished for filing such false complaint. Such reports are often called "C Summary."

I think people should be more aware about this.

And if someone feels that a False FIR is filed against him, he should give such evidences to police officer and should request him to give "C Summary" to court.

Haresh Raichura
27/10/14