A question to the Distinguished lawyers of India #498A, #306

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πŸ˜‘ A lawyer Freind seems to be in trouble. His daughter in law committed suicide 3 months ago. No one blamed them because, the girl had tried suicide twice even before marriage. Relatives reconciled and were peaceful. Then suddenly an FIR is lodged after 3 months of suicide under 498A, 306, against entire family of lawyer. The whole family is now entangled in a web of law and criminal trial…

The question to Hon’ble Judges and distinguished lawyers of India, are :

1) Is there any safety legal measures which this lawyer could have done before getting his son married to the deceased girl?

2) Does law recognise any kind of written and registered Memorandum of Understanding, binding on parties that before registering any FIR of 306 or 498A, one party should give a 30 days notice to other side to reply to allegations?

3) Would such a law help families from “sudden shock of FIR and blow from the sky after 3 months of death a daughter in law?

4) Will such a provision give a chance to relatives of both sides to sit together before process of law begins?

5)An FIR means “Very First Information of an incident to police authorising it to start investigation”.. How a 3 month old information can be treated at par with such FIR when information is lodged after getting it drafted by some lawyer to rope in as accused maximum family members of other side?
😢😢😢

Gift of Providence.

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Providence fulfills some of our wishes in a miraculous way..In 1982, standing before a cupboard in Library of District Court Junagadh, while shuffling through pages of a SCR report, while glancing at a judgement of Justice P.N.Bhagwati, a sudden wish flashed in my mind, “How nice it would be to practise in Supreme Court? Here, whatever labour I may do, whole India can benefit !”

The wish came in flash and went away in seconds… I forgot about it and resumed doing work which had been alloted to me by Providence.

In 1990, I found myself practising in Supreme Court. Circumstances affecting me changed in dramatic way. Even if I was making no efforts to move to Supreme Court, the circumstances began to force me and propell me towards Supreme Court. Against my will, I saw myself being forced to move to Supreme Court by some design of Providence..

As I look back after 36 years, I can still see myself standing before a cupboard in Library of District Court. I still see the volume of SCR in which I was glancing. I still see that flash of a wish to practise in Supreme Court !

I did not have any special skills or family background of lawyers. I had just a little knowledge of English language. And that was all. πŸ™πŸ™πŸ™πŸ™πŸ™ The God has been kind to me.

The Way of Judges to train junior advocates who refuse to be trained by their seniors.

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🍁 The Way of Judges to train junior advocates who refuse to be trained by their seniors.

🍁 It was one of those typical hearing day in Supreme Court.

A junior advocate stood up and sought adjournment for a week.

Judge said, “What are the facts of this case?”

Junior said, “I do not know.”

Judge said, “Let us read together. Start reading the facts.”

Junior said, “I have no authority to do so.”

Judge asked, “Since how many years you are practising in Supreme Court?

Junior said, “Since one year.”

Judge asked, “Who is your senior?”

Junior gave name of his senior.

Judge said, “We adjourn this case for one week. But on next day, first you will have to state facts of the case. Only after you have answered all our questions on facts of case, we will allow your senior to argue this case.”..

And this how the Judges forced junior advocate to find time to read case assigned to them by seniors.

🍁 The modern trend is, most junior advocates (Not all) are engaged with their smartphones whole day and upto 1 pm at night….There are new videos to be seen. There are new musical songs to hear…. On Friday, there are new movies to be seen with their girl freinds… On every Saturday night they have fever and on Sunday they have Hangover Their list of things to do is already very very full….πŸ˜‚

If their seniors will ask them to read a case and then retell them what they have comprehended, they usually have no time….😊😊😊

If you have a Rebel Personality….

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😊 If, if…your inner personality is of “Rebel”… you will resist every helpful hint you see here. In fact you try to resist and dislike everyone who may be trying to give you helpful suggestions in your life and career… You react aggressively everytime someone is trying to give you some helpful hint…This is natural for you if you have a “Rebel” personality. I had once such a “Rebel” personality and I have suffered because of this upto a point where I may have lost my life in early years in legal profession.. Focusing on breathing for about 5 minutes a day or more is the one way to tame a reactive and Rebel mind… When you are focusing on incoming and outgoing breath, it is impossible for brain to react to anything else… This is the only brain taming method known since 5000 years….Earliest mention of this method is in GITA.(Pranayam)… Today’s neuroscience has confirmed this with MRI scans of brain. When a man is focusing on breath… It shows that reactive muscles of brain become calm during this brain taming process. . …However, here is a catch.. if you have already a Rebel Personality, you will try to resist this tip also…..Try not to oppose or resist this helpful hint. …. See if you can see any acceptable point in above suggestion ! 😊

Story of a CJI and four Advocates who desired to be designated as Senior Advocate…A must read story for those advocates who desire to be designated as Senior Advocates…

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Story of a CJI and four Advocates who had approached him to be designated as Senior Advocate.

This imaginary story intends to explain a key quality which judges keep looking for in arguing advocates.

All the four advocates were well qualified, well experienced and well talented advocates.

All of them were well desrving. But CJI had power to designate only one of them as Senior Advocate.

He decided to test them and he took them in a jungle. He gave them bows and arrows and said “This is a test of your archery skill. Look around and tell me what you would like to shoot at with your arrows.”

One advocate looked around and saw a tree some 1000 mtrs away. He said I will aim and shoot that tree.

Second advocate said, in that tree, on one branch someone there is a white handkerchief tied on one branch. I will shoot that branch of tree.

Third said, on that tree, a sparrow keeps jumping from one branch to another. It is a moving target. I can shoot that.

Fourth advocate said, I can shoot an eye of that very moving bird.

The then CJI, designated the fourth advocate as Senior Advocate.

Point of the story : In every case, there are some obvious arguments. If you can see them, you are like first advocate.

In every case there are some hidden but straw arguments. These are brilliant arguments but they do not turn around a case. These are like arguments of second advocate.

In every case, where opponents are strong and manipulative, the key points can keep shifting from one side to another side. These are moving targets. The third advocate can deal with these type of arguments.

Among the shifting arguments, there is one key argument which can conclude the whole debate. To find this argument and to shoot at is like skill of the fourth advocate. (This story is revised version of ancient story of Arjuna and Dronacharya from Mahabharata)

A way to seek help from others (and God).

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A way to seek help from others (and God).

1) Let them know details of your problem. And request help.
2) Leave it on them to decide to help you or not to help you. Do not ask for a reply. Let them decide how and when they may want to help you. Sometimes, they may want to help you through their contacts without coming into picture.
3) Do not ever ever think that they have a duty to help you. They may be in a high position and it may be very easy to help you. But that does not mean, that they have a duty to help you. If they helped you once, it does not mean that have duty to help you second time also.
4) The above 1 to 3 is also a good method for praying for help to God.

Six reasons why some junior advocates feel very discouraged in legal profession

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πŸ‘‰ Six reasons why some junior advocates feel very discouraged in legal profession πŸ€”

1) It is not easy to find a mentor or a guide.

2) If they engage a senior advocate to assist them in a new case, they feel betrayed and their own client is lost to those seniors who impresses thier client too much.

3) Some Judges discourage, rebuke and give sermons to junior advocates instead of finding out ways to encourage them in profession.

4) When a new client comes with a case, they just do not know what material questions need to be asked for that very legal problem. They fumble by asking irrelevant questions and feel inadequacy. They try to cover up their inadequacy by lying and by giving false promises to client. But in the end, they feel more and more inadequate.

5) The clients offer very low fees to junior advocates. Sometimes what they offer is lower than the wages of a carpenter or a plumber. The economic needs of junior advocates are exploited equally by their clients as well as by their seniors.

6) In marriage market, the parents of a girl are reluctant to wed their daughter to a young junior advocate who has no family background of lawyers. Because they know that such juniors have low income in early years of their legal practice. (This view was also publicly said by 43rd Chief Justice of India, Justice T. S. Thakur) πŸ€”