Case of a Flying Elephant (Tips on arguing in SC)

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An elephant had escaped into jungle from a circus with some flaps tied on either side. Two villagers saw it moving here and there in jungle on one moonlit night.

One villager said that it was a flying elephant with wings on both sides. Another villager disputed him.

Their dispute continued even when they reached village. Other villagers came and began to take sides.

Dispute grew very hot and finally, one villager said, “If any Judge will say that it was a flying elephant, I will give you half of my farm.”

The other villager took up the challenge and insisted that agreement be written down. The agreement was written down and signed by these two debating villagers.

Then one of them filed suit in court on the ground that since it was a flying elephant, half of the farm of other villager be decreed to him.

After recording evidence, the Judge gave verdict that it was a flying elephant and decreed half of farm of defendant in favour of plaintiff.

Aggrieved villager who had lost half of farm, lost first appeal and second appeal in High Court.

So he filed appeal in Supreme Court. His appeal came up for admission hearing before two judge bench.

At hearing, his counsel tried to argue that as per Darwin theory, there cannot be any flying elephants and he pleaded that judgements of courts below be set aside.

Senior Judge pointed out to him, “You have admitted the case of plaintiff in your written statement. You did not cross examined evidence of plaintiff. How can you get over the findings which are against you? And above all, you are, for the first time here, telling us about Darwin Theory.. What prevented you to argue this theory in courts below?”

At this time, advocate of caveator- opposite side began to nod vehemently as if to support senior judge.

The counsel for peitioner had no answer to any of the questions asked by the Senior Judge.

Senior Judge then turned to brother judge to seek his view. They discussed something and then Brother judge took charge of hearing.

He put a question to counsel of caveator, “Mr. Counsel, how can we allow people to enter into these types of betting and wagering agreements? Till yesterday people were betting on cricket scores…and now they have started betting on which way a judge will decide ! Can we allow these types of agreements? Please read Sec.23 of the Contract Act.”

The counsel resisted by saying that this point is never taken in courts below but then began to read Sec.23 which prohibited these types agreement.

“Show us the agreement?” asked Brother Judge.

It turned out that agreement was not filed in paper book.

Senior Judge came to rescue of counsel, “You take your time and file agreement along with your counter affidavit. And next time you also come prepared on Sec.23 and whether we can allow appeal on this ground alone.”

The Judge then issued notice returnable in four weeks and stayed judgements of courts below in the meantime.

….

Tips from the above imaginary case:

A) There can be more than one law hidden in any given transaction.

B) Some law points could have been missed in courts below.

C) You have to 1) Either overcome findings of court below or 2) to show some vital questions of law which, if accepted, can upturn the judgements of courts below.

An ideal way to seek placement in office of a reputed lawyer, is to go through parent’s contacts or through some person upon whom

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🤔 An ideal way to seek placement in office of a reputed lawyer, is to go through parent’s contacts or through some person upon whom this reputed lawyer may have trust.

Sending CV or applying relentlessly by emails may not be a good idea for a junior who may be seeking placement in office of some reputed lawyer.

Merit is good. But it is not the only thing that counts.

Questions which may come up in mind of a reputed lawyer on seeing CV of a junior lawyer could be something like these:

1) Is this junior trustable? In my office, there are cases involving crores of rupees. Is this junior likely to betray me or my clients? And if he betrays or if he or she does something unworthy, to whom should I tell or complain? Who is guaranteeing me ethics of this junior lawyer? From what kind of family he or she is coming? What kind of income they have? Is he or she likely to fell prey to opponent side lawyers?

2) Is he or she likely to be threat to me in future? Is he likely to impress my clients so much that my clients will turn away from me in future? Is he likely to snatch away my clients in future?

In earlier times, there was a system that reputed lawyers will accept only those whose parents they knew personally. Now, you are right, times have changed.

🤔 A Junior lawyer (searching for a senior) need to ask himself, “What do I want.. Exactly?.Do I want to earn or do I want to learn?”

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A Junior lawyer (searching for a senior) need to ask himself, “What do I want.. Exactly?.Do I want to earn or do I want to learn?”

2 years ago, a law student, working as intern under a senior, in Sydney, complained that his senior was harsh and cruel. He did not pay but on the other hand, took work from him for many hours. Now and then he would ask him to go to do different tasks. He would not pay him conveyance charges. The junior had to bear these expanses from his own pocket. The work assigned to him was also mundane and boring.

After two years, the junior has now got a job directly under a Minister. Because the stern and hard training given to him by his senior paid him very well.

I am in touch of this junior since the day he got admission in his law course.

Perhaps, I want to remind you about how an iron object is shaped. First it is heated too much. Then it is hammered. And then shape of a sword emerges.

I think that perhaps those juniors are lucky whose seniors keep them in harsh conditions and ask them to do a lot of work and do not pay conveyance charges.

My senior Vasant Desai said, the juniors should be starved so that they open their wings and learn to fly ! I am grateful that he did not pay me anything when I was junior to him.🙏

Difference between learning Law from books and Learning Law by participating in cases in court

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🤔 Difference between learning Law from books and Learning Law by participating in cases in court is breifly this :-

You can learn swimming by reading books and you can also learn it by actually swimming in water.

That is the only difference.

One Judge suggested that you divide your time in Three Parts :-

1) Spend one third time reading current law judgements by sitting in a Library or by sitting in an isolated room.

2) Spend one third time reading actual case briefs in office of a senior

3) Spend one third time in sitting in court rooms where actual cases are being argued and decided by senior lawyers and judges.

Adopt that which suits your own style of learning.

Is it possible for Supreme Court of India to solve a problem, recently posed by a well known yogi, under Art 396 of Constitution of India ?

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I have learned from years of experience that one of the many function of the Supreme Court is to solve problems presented for consideration before it.

Therefore, below, in Part A, I have presented a problem, recenyly posed by a yogi, regarding transmission of values in Education System.

Supreme Court does not examine philosophical or hypothetical questions unless hard facts from which these questions arise are also shown. So in part B, I have reluctantly, given some hard facts from which it can be seen that problem posed by His Holiness are based on true and hard facts.

But this is not enough. The Supreme Court must also be shown under which Article of Constitution of India they can actually exercise their powers to solve such a problem.So in Part C, I have briefly indicated scope of their powers under Art 396 of the Constitution of India.

PART A

The Problem recently posed by a yogi :-

In a recent video, seen on social media, a well known yogi said that the world problems which we are seeing today are due to failure of our Education System. Education system all over world has reduced to “Transmission of Information” only though true purpose of Education is “Transmission of Values” from one generation to next generation. Transmition of Information without transmission of values can transform a man into a Satan. Education system has stopped transmitting values to next generation.

PART B

The Factual Foundation, which proves that the above problem posed by this well known yogi, is real and based on hard facts.

At time of retirement of Justice K.T. Thomas, I wrote a short poem to summarise the values he tried to transmit during his tenure as a Judge. Thereafter, I wrote such short poems on retirement of each and every subsequent retiring Judges for a number of years. I used to circulate copies of such poems to all judges and few senior advocates. This is what all amateur poets do. Nothing new in it.

But the point is, all these poems were not written to appease those retiring judges. They were written to summarise values which they were trying to transmit to next generation by their conduct and words in Court.

I received some letters of appreciation from judges, some phones from judges. Poem summarising values of then CJI S.P. Bharucha was read publicly in his welfare function by SCBA Secretary. Unfortunately I did not attend that function and was told about it only later by others. Justice B.N.Srikrishna replied to some questions in my poem about his values, publicly in his welfare function speech. Then CJI R C Lahoti wrote saying that my poems have high literary values, and so on and on, I received several testimonials.

Now we come to real market values of these value based poems.

1) Late Senior Advocate P.P.Rao offerred financial or any other help if I need for publishing these value capturing poems. I thought it fit not to seek help and decided to test market forces.

2) No Law publishers were willing to publish such poems though I showed testimonials of several sitting and retired judges. They said such books can’t be sold in market. I also showed a letter of Late President A.P.J. Abdul Kalam regarding my poem. That too had no effect on publishers. The publishers were firm that literature written to transmit values have little or no market potentials. No one in market will buy it.

3) I found a footpath bookseller who was willing to invest 50% of printing cost if I could finance other 50%. This was done. 1000 copies were printed and then second volume was printed through him. And then I stopped.

Occassionally I received emails from young lawyers appreciating and writing that these writings inspired them a lot.

4) But the fact remains that transmission of values to next generation has lost commercial market value. Markets have no interest in values sought to be transmitted by Supreme Court Judges.

I also discontinued writing such poems. Some of those poems on great judges got eaten up by viruses in computer and some were lost as scattered valueless pages lost with paperbooks of dismissed slps. One day my wife threw away all letters written by retired justices appreciating my poems, as she found that those letters had no value.

I found that drafting a SLP is more profitable and more productive than drafting something to transmit values of this noble profession.

PART C

Under which Article of Constitution of India, Supreme Court can solve problem of transmitting good human values through Education System to next generation starting from standard 2nd Grade onward?

In part B, I have tried to demonstrate that “Transmitting any good value to next generation” has no takers in commercial world. It has to be therefore done through only State Education System. But there we have judgements saying that under Art 32, Supreme Court cannot direct Education Authorities on what they should teach in schools.

So there remains invoking of their powers under Art 396 of the Constitution of India. It says that Supreme Court shall have powers to pass any order which may be necessary to lead the whole mankind to that which is ultimately good for all.

This Article is not printed in Constitution books because it is based on Esoteric Knowledge which is passed by word of mouth by one generation of top judges to next generation of top judges. Only few senior advocates can see glimpses of this Article 396 when the judges use it.

I thetefore wonder if it is possible under this Art 396 for Supreme Court to solve problem recently posed by a yogi, which is once again reproduced below :

In a recent video, seen on social media, a well known yogi posed the problem that the world problems which we are seeing today are due to failure of our Education System. Education system all over world has reduced to “Transmission of Information” only though true purpose of Education is “Transmission of Values” from one generation to next generation. Transmition of Information without transmission of values can transform a man into Satan. Education system has stopped transmitting values to next generation.

🤔🤔  A thought for those who want to overcome their circumstances in order to succeed.

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A thought for those who want to overcome their circumstances in order to succeed.

“Sometimes we can meet for a cup of tea”….That is all I can offer…. Nothing more. Everyone has to fight their own battles… And one has to climb the stairs nearest to him….No lifts are there.

Over the years, I have learned that no one can help anyone. A man’s battle is basically with his circumstances. His circumstances and his conditions are more powerful than his capacity and Will to Overcome those circumstances.

Gandhiji used to overcome his obstacles by following two principles

1) I will observe fast for certain days unless my obstacles give in.

2) Whether, my Will to Overcome my circumstances can actually overcome my circumstances or not is entirely in hands of God. So I will keep chanting his name during my fast. I will keep calling Him to help me during my fast”.

How far his method can work today is a big question.

Experimenting on theories is the only by which scientists try to discover principles that work. Experimenting with whatever suggestion you may think will work, is the only way to test it.

Summary : The Will to Overcome circumstances has to be made stronger than the strength of obstacles.

Always wear a raincoat while entering in a courtroom”.. About 36 year ago, a senior advocate of Junagadh District Court gave me this advice.

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🤔 “Always wear a raincoat while entering in a courtroom”.. About 36 year ago, a senior advocate of Junagadh District Court gave me this advice.

I liked this advice so much that till today I follow this advice.

In courtrooms, judges are often brewing with disturbing facts of their cases. Sometimes they get angry over advocates. It is natural. In psychology it is known as “Transfer of Anger”. A judge may have been angry over a case. Then sometimes his anger spills out on lawyers. Lawyers feel hurt when they come out from the court.

On one such day, as I came out from the court of a short tempered civil judge, the senior lawyer advised me, “Never bother about what judges say to us during hearing of a case. Just wear a raincoat. After coming out from court, just forget words of judges as if they are rain drops on your raincoat. His words will slip away from the raincoat and you will never feel hurt by words of a judges, which they might have spoken during heat of a bad case.”

Till today, I have followed his advice and I have never felt hurt by words of any judge.

I wish that all seniors should give such advice their to juniors.