What happened when a former CJI appeared as a Junior Advocate in a court on his very first day after he was enrolled as advocate…

Standard

๐ŸWhat happened when a former CJI appeared as a Junior Advocate in a court on his very first day after he was enrolled as advocate.

Though this is an unverified story, I write this to inspire Junior Advocates.

This story was heard by me about a former CJI. He is considered one of the best among former CJIs and has authored ground breaking constitutional judgements.

In the beginning, after being enrolled as advocate he had joined office of a Senior Advocate in a city civil court.

The senior gave him an adjournment application and asked him to go in court and to give adjournment application to Judge when the case may be called out.

When the case was called out, the junior advocate stood up and gave application to court.

Judge looked at application and said to Junior Advocate, “You have to put 60paise court fee stamp on this application.”

The Junior Advocate, who had yet no experience of day to day work in court, took out his purse, took out a five rupee note and hold it out to Judge !!!

Judge smiled at him and returned his application and advised him, “Go to stamp vendor sitting outside in court compound. Purchase 60paise stamp, affix it on this application and then come back with properly stamped application.”

The point in this story is, on his first day in the court, the junior advocate did not even know proper procedure of affixing stamps on application!!!

๐Ÿ’ž The moral of the story is this that no one is born great. A person becomes great by persistent efforts and persistent learnings. It is natural for every junior advocate to make some blunders in early days. These are called “Blue Experiences”.

A junior advocate should not be discouraged by blunders he may have made in first appearances in court rooms.

Once upon a time, there was an advocate who had shifted to Gujarat from Pune… From very first day,..

Standard

๐ŸOnce upon a time, there was an advocate who had shifted to Gujarat from Pune…

From very first day, he declared that he will not accept any fee which is more than the standard fee of advocates, prescribed in the Advocates fee Act.

He was a man who used to live by principles. He had set high standards of ethics for himself. His lifestyle was simple.

His law practice grew very fast. Since his standards of fees were only as per fees prescribed in Advocate Fee Act, his name was soon approved on panel of banks, cooperative societies, govt bodies, insurance company panels, govt panels etc.

Soon he had no derth of work. His legal practice flourished by day and by night.

He was elected President of the Bar by advocates of local Bar. He was then continuously elected President of Bar, year after years for many many years.

Presently, he is not among us but his son and grandsons are in legal practice

I have not mentioned his name and place of practice because his son, who is one of my briefing advocates, is yet not prepared to reveal his name.๐Ÿ

The point I wish to make out is :

๐Ÿ’ž In legal profession too, there has been many “Men of Principle”….. Even today, there may be many many such “Men of Principles” in our legal profession. But no one tells us their stories. So we never know about them ๐Ÿ˜”

What is NOT “Medical Negligence”

Standard

Sometimes tragedies happen. Patient is lost during medical treatment. The relatives often feel hurt and they see “Medical Negligence”.

I read such stories in this way… a) Relatives and doctors fought a battle which was lost. That by itself does not amount to medical negligence.

b) There may be Errors of Judgement. Whether at one point, treatment A should be given or treatment B treatment should be given… These errors of judgements are not medical negligence….

C) Change of machines during treatment, accidental malfunctioning of some equipment, does not by itself prove anything unless it is proved that machines were tempered to hide something…or they were not maintained properly…

D) To do or not to do some extra medical tests, extra tests, now or later is also an error of judgement. By itself, it does not prove medical negligence….Of course, if standard tests are not done, it may amount to negligence…

D) To prove medical negligence you have to prove

1) The doctor was not qualified to do the job he was doing

2) He followed a treatment path which other similarly situated doctors do not follow…

3) He did not follow standard protocol of treatment which other doctors in profession follow

4) There was some act done in such reckless manner that no doctors in the field can even think of…

5) In other words, you have to compare treatment given with standards of treatment followed in medical profession…. Errors of judgement and errors of diagnosis are not considered medical negligence….

6)This is of course my personal opinion based on general reading of such posts…. My purpose is only to explain you some general concepts of medical negligence . You must however go only as per advice of your lawyer. ๐Ÿ

Tips for Young Advocates: Understand the relationship between Politics and Law…

Standard

S-71 Tips for Young Advocates: Understand the relationship between Politics and Law.

Justice K.T. Thomas wanted to become a politician. But then he choose Law as means to go into politics. The events turned differently and he became a Judge and retired as a Supreme Court Justice. (As he told in a speech to Bar, as I remember.)

No one taught me about these relations between Politics and Law when I was young.

I used to hate politics and politicians. I used to feel pride in avoiding them. Consequently, I lost many many career advancing opportunities in Law.

If you are like me, re-examine your strategies.

If you think fit, make a point to spend some time with politicians every week, without judging them for what they do. It may strengthen your law practice.

Leaders in your community, office bearers of all organisations and associations, people regularly seen in meeting of political parties etc all come within definition of “Politicians”.

Meet them on regular basis. You need not adopt their ways if you consider their ways unsuitable to your conscience. You can be like a Lotus in a muddy lake. A muddy lake is essential for blossoming of a Lotus.

Haresh Raichura 22/12/16

๐Ÿ These two stories from Punjab show that Laws to evict unauthorised occupants of buildings by INTERIM MANDATORY injunctions need to be evolved..

Standard

๐Ÿ These two stories from Punjab show that Laws to evict unauthorised occupants of buildings by INTERIM MANDATORY injunctions need to be evolved or revisited by High Courts or by Supreme Court ๐Ÿ

These two stories came to me in last week.

1) A 76 year old man said, his house has been unauthorisedly occupied by his own brother.

“Did you file suit for eviction?” I asked.

He said, “Suits take many years. So he had instead approached Tribunals set for Protection of Senior Citizens. The Tribunal gave a vague judgement. So now he will have to go to High Court.

I looked at this 76 year old man in fragile health. I was not sure how long he will live on to fight his case.

2) Second story is also from Punjab. Here, a neighbour unauthorisedly occupied house of an elderly woman in 2005.

She filed eviction suit in 2005. The neighbour was advised not appear in suit at all and let the court pass exparte judgement.

After evidences were given, after 5 years judge passed exparte decree of eviction in favour of woman.

Then neighbour appeared in case and moved an application for setting aside exparte judgement… But cleverly, he did not file application for condonation of delay. He filed it very late. Idea was to keep prolonging case.

His application for set aside judgement was refused by two courts.

Then he filed third revision petition in High Court.

High Court set aside exparte decree eviction and directed suit to expediously. It means wheels of justice moved backward to year 2005.

The woman who had filed suit for eviction has however died.

She did not live long enough to see the case to reach a logical end ๐Ÿ˜”๐Ÿ˜”๐Ÿ˜”

๐ŸThe vacuums of Laws which apear to me here are in two areas :-

A) When courts can pass mandatory order of eviction of unauthorised occupants ? What are the criterias ?

B ) Supreme Court has in last April held that the courts should not give any protection of stay against dispossession to unauthorised occupants of premises….

But then what is the fall out of the law…?

Does it mean that unauthorised occupants can be evicted through policeman ? What relief court can give? Can it give direction to police to disposses unauthorised occupant overstaying in premises of elderly people who are too weak to start a legal battle..? In what circumstances courts can give such orders to Police?

I am not sure about certainty of laws in these areas.

Haresh Raichura
20/12/17

Tips for Young Advocates : ๐ŸHow many Laws a Lawyer need to know ?๐Ÿ

Standard

S-68 Tips for Young Advocates : ๐ŸHow many Laws a Lawyer need to know ?๐Ÿ

There are thousand and thousands of laws. How many Laws a Lawyer needs to know?

When I was a young lawyer, a senior advocate told me this method.

If a client asks a question and you do not know answer, just tell him, “Right now I am busy. Give me your papers, I will call you when I have read them.”

This way, you get time to either read that law or to get guidance from your friends.

But how many Laws a Lawyer needs to learn?

There are over 20,000 laws, rules, circulars curtailing rights of a common man.

A) Know about some basic principles of law which will be applicable to all the 20,000+ laws. For example, Law of Natural Justice, Law of Evidence, etc, etc..

Few Lawyers deeply study law of Evidence and Law of Natural Justice though they are universally applicable in almost all laws of world.

B) Secondly, learn to find “Where to find law” that governs the case. There are volumes of Central Acts and Rules, Volumes of State Acts and Rules. You can find most of laws here. You need not learn all these laws. But you need to learn how to locate the law.

Haresh Raichura 18/12/16 (Reposted from blog)

๐ŸTruth is like a woman. No one can fully understand a woman. ๐ŸAll philosophers have…

Standard

๐ŸTruth is like a woman. No one can fully understand a woman.

๐ŸAll philosophers have failed to reach a common definition of Truth.

๐ŸGathas of Parsi Religion, describe two types of Truth. One is absolute Truth. To reach there we all have to pray.

๐ŸSecond is relative truth as each man sees it. Each one is supposed to follow path of a “Rewarding Truth” as he sees it.

๐Ÿ To follow one’s own “Rewarding Truth” is to follow path of “Light and Happiness.”

-Haresh A. Raichura 17/12/17