Speedy / Fair Trail

 

Important Points

1. A21 - Right to life and liberty
1. Right to speedy trail MAY NOT be expressly guaranteed constitutional right in India, BUT it is IMPLICIT in RIGHT TO FAIR TRAIL which has been held to be part of Right to live and liberty guaranteed by Article 21 of the Constitution
2. A21 confers a FR - NOT to deprived of life and liberty EXCEPT in accordance with procedure prescribed by law AND procedure should be REASONABLE, FAIR & JUST.
3. Right to life; personal liberty is one of the basic human rights and even State has NO Authority to violate that right
4. Right to life in A21 means something more than mere survival or animal existence.
5. Unwanted domiciliary visit by police can be held violation of A21 
6. Right to life is MOST SACRED right preserved and protected under constitution
1. Violation is always actionable
2. NO necessity of statutory provision as such for preserving that right.
2. State Role and Duty
1. State is DUTY Bound to ensure speedy trail and avoid any excessive delay in trial of criminal cases 
2. State is vicariously liable for tortuous act of its servant.
3. Theory of Sovereign power NO longer available in a Welfare State 
3. Role of Criminal Courts
1. Criminal Courts are not obligated to Terminate the trail on account of lapse of time
1. Time limit themselves cannot be treated by any court as bar to further continuation of trail and mandatorily obliging the court to terminate the same and acquit or discharge the accused.
2. A watchful & diligent trail judge can prove to be better protector of Rights
4. Speedy trail includes
1. Trail in court
2. Preceding police investigation
5. Consideration for Speedy trail
1. It is a balancing Act to be done by judge by considering all attendant circumstances
6. Violation of Fundamental Right of Speedy Trail  - Reliefs
1. Appropriate compensation jointly and severally from respondents
2. Only effective REMDY open to the Judiciary to prevent violation of Rt guaranteed under A21 of the Constitution of India is payment of compensation u/s A32 - Rudal Shal
3. Right to Compensation is thus some palliative for the unlawful acts of instrumentalities of the State. State must repair the damage done by its officers to the petitioner right. It may have recourse against these officers
4. Award of compensation in A32 and A226 is Remedy available in public law for contravention of FR  - Soverign Immunity does not apply
5. Quantum of Compensation
1. Govt notification the monthly wages of semi-silled labour in year 2015-16 - Rs10,400/- 
2. Rs10400 x ( number of months of illegal detention ) + 6% interest 

Grounds for Compensation

1. Several application seeking relief - without any positive response

Guidelines for Speedy Trail

1. Abdul Rehman Antulay Vs R.S Nayak
2. Reaffirmed in P. Ramchandra Rao Vs State of Karnataka

Leading Case Law

1. T.V Vatheeswarn Vs State of Tamil Nadu AIR 1979 SC 1360
1. Justice Chinnappa Reddy speaking on behalf of Supreme Court. 
2. Speedy Trail is of the essence of criminal Justice and there can be no doubt that delay in trial by itself constitutes denial of Justice
2. Hussainara Khatoon Vs Home Secretary, State of Bihar ( 1980) 1 SCC 31
1. 436A of CrPC - Entitled to release on bail for non-conclusion of trail within stipulated time
2. A21 confers a fundamental right on every person not to be deprived of his life or liberty EXCEPT in accordance with the procedure prescribed by law and procedure should be reasonable, fair and just.
3. Under trail prisoners who are accused of multiple offense and who have been detained for maximum term for which they could be sentenced on conviction, even if the sentence awarded to them are consecutive and not concurrent, should not be allowed to continue to remain in jail for a moment longer, since such continuance of detention would be clearly violation, not only to human dignity, but also of their fundamental right under A21
3. Rudul Sah Vs State of Bihar AIR 1983 SC 1086
1. Write Petition filed before SC for Seeking compensation for illegal detention for over 14y
2. Only effective remedy open to the Judiciary to prevent violation of Rt guaranteed u/s A21 is PAYMENT of Compensation u/s A32
3. Although A32 CANNOT be used as substitute for enforcement of Right and obligations which can be enforced efficaciously through the ordinary processes of court, SC in exercise of it jurisdiction under A32 can pass an order for payment of such money if such order is in the nature of compensation consequential upon the deprivation of a fundamental right.
4. State of Rajasthan Vs V. Vidhyawati & other AIR 1962 SC 933
1. State of Rajasthan was held liable for compensation on account of rash and negligent driving of jeep owned and maintained by State of Rajasthan
2. State Vicariously liable
1. Now that we have by our constitution, established a republican form of Government and one of objective is to establish a socialistic state with it varied industrial and other activities, employing a large army of servants, there is no justification, in principle of in public interest that the state should not be held liable vicariously for tortuous acts of its servants.
5. Abdul rehman Antulay & Other Vs R. S Nayak & another ( 1992) 1 SCC 225
1. Exposition of Hussainara Khatoon
2. Guidelines for Speedy Trail  
3. What are consequence flow from infringement of right to speedy trail
4. Champalal Punjaji Shah - Quashing of charges/conviction may not be in the interest of Justice, it shall be open to the court to pass such appropriate orders as may be deemed just in the circumstances of the case.
6. P. Ramchandra Rao Vs State of Karnataka (2002) 4 SC 578
1. The dictum of A.R. Antulay case is correct and still hold the field
2. The proposition emerging from A21 of the constitution and expounding the right to speedy trail laid down as guidelines in A.R Antulay case, adequately take care of Right to speedy trail. We uphold and Re-affirm the said propositions.
3. The guidelines laid down in A.R Antulaya case are not exhaustive but ONLY illustrative. They are not intended to operate as hard and fast rules or to be applied like a strait jacked formula. Their applicability would depend on facts-situation of each case. It is difficult to foresee all situation and no generalization can be made.
4. Criminal courts are not obliged to Terminate trail or criminal proceeding merely on account of lapse of time. 
5. Criminal courts should exercise their available power, such as those under Section 309, 311, 258 of CrPC to effecutate the right of speedy trail
6. A watchful & diligent trail judge can prove to be better protector of such right than any guidelines. Jurisdiction of HC u/s 482 CrPC, A226/227 of Constitution seeking appropriate relief or suitable direction.
7. this is appropriate occasion to remind Union of India and State governments to strengthen the judiciary - by providing requisite funds, manpower and infrastructure. 
7. Maneka gandhi Vs Union of India AIR 1978 SC 597
1. State is the Guardian of fundamental rights of people and DUTY bound to ensure speedy trail and avoid any excessive delay in trail of criminal cases that could result in grave miscarriage of Justice
8. Pankaj Kumar Vs State of Maharashtra (2008) 16 SCC 117
1. Rt to speedy trail in all criminal prosecution is an inalienable right under A21 
2. this right is applicable NOT only to the actual proceeding in court but also includes within its sweep the preceding police investigation as well. 
3. Rt to speedy trail extends equally to all criminal persecutions and is not confined to any particular category of cases
9. Common Cause, a Registered Society 
1. Para 78
1. Theory of Sovereign power which was propounded in Kasturi Lal Vs State of UP AIR 1965 SC 1039 is NO longer available in a welfare state.
10. Nilabati Behera Vs State of Orissa 
1. SC considered the question whether the constitutional remedy of compensation for infringement of FR is DISTINCT from and IN ADDITION to remedy in private law for damages observed
2. Award of compensation in a proceeding under A32 by SC or by HC u/s 226 is a REMEDY available in PUBLIC LAW,  based on STRICT LIABILITY for the contravention of FR to which the principle of sovereign immunity does not apply, even though it may be available as defense of the State in private law in action based on tort.
3. Claim in public law for compensation for contravention of human rights and Fundamental freedoms, the protection of which is guaranteed in the constitution, is an acknowledge remedy for enformcemt and protection of such rights
11. Chairman, Railway Board Vs Chandrima das (2000) 2 SCC 465
1. where public functionaries are involved and matter relates to violation of FR or the enforcement of public duties, the remedy would still be available under public law notwithstanding that a suit could be filed for damages under private law.
2. the public law and the court can award compensation to petitioner who suffered personal injuries amounting to tortuous acts at the hands of officers of the Government.
12. Siddharam stalingappa Mhetre Vs State of Maharastrat 
1. Right to life; personal liberty is one of the basic human rights and even State has NO Authority to violate that right
13. State of Maharashtra Vs Chandrabhan tale
1. Right to life in A21 means something more than mere survival or animal existence.
2. Right also includes live with human dignity and all that goes along with it, namely bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in different forms.  freely moving and mixing and commingling with fellow humand
14. Kharak Singh Vs State of UP
1. SC has held that UNWARRANTED domiciliary visit by the police can be held to be violative of A21.
15. Uphaar Tragedy Victims Association
1. Right to life guaranteed u/s A21 is MOST SACRED right preserved and protected under constitution, 
1. violation of which is always actionable and 
2. there is no necessity  of statutory provision as such for preserving that right

Case Law

1. Nitin Aryan Vs State of Chhttisgarh  Writ Petition ( Cr) No 629 of 2020 - link
1. Nitin Aryan - convicted u/s 420/34 , 120 IPC - sentenced for 3y of imprisonment
2. Trail completed after 4y, 6m, 7days - he continued as undertrail
3. Seeks compensation of 30L for illegal detention for about 1y,6m, 8days

Arguments against compensation

1. Writ petition suffers from Delay and laches - petition deserves to be dismissed
2. No right of the petitioner is violated as it not been demonstrated by the petitioner that the trail could not be concluded at the earliest due to fault of the respondent.
3. Judicial custody is accordance with law and procedure established by law - and not Illegal detention
4. Petitioner seeking compensation by resorting to public law remedy will have to 
1. Prove and establish that constitutional mandate has been flouted high handedly and contrary to the provision of the constitution of India

Terms and Definitions

 

Adequate

1. The dictionary meaning of the words is 
1. Equal to a requirement or occasion; sufficient; suitable; as we have not adequate tools
2. barely satisfactory; acceptable but not remarkable;

Property

1. J.K Trust Vs Commissioner of Income Tax AIR 1957 SC 846
1. Property is a term of widest import, and subject to any limitation or qualification which the context might require, it signifies every possible interest which a person can acquire, hold, enjoy. 
2. Business undoubtedly be property, unless there is something to contrary in the enactment.

Valuable Security

1. True Test is that document must create, extend, transfer, restrict, extinguish or release a legal right or is document where by any person acknowledges a legal liability or he has not a legal right.
2. Ram Narain shau Vs Emperor, AIR 1933 Pat 601
1. Even invalid or imperfect document are valuable securities

Forensic Medicine

 

Forensic  - derived from latin word forum

forum - where civil and criminal matter are decided - using science

Human Transplant act

Method of determining a death of person

1. Temperature
2. stiffness of body
3. several tools of examination
1. puple of the eye
2. pulse of the person

Methods

1. DNA
2. DRUG
3. SEROLOGY
4. DIGITIAL FORENSIC
5. Finger print

Discover to the criminal

DNA Evidence

1. Double Helix - Run in opposite direction
2. Base Pairs
1. Adenine, Thymine, Guanine, Cytosine
3. Sugar Phosphate backbone
4. 99.98% is similar , 0.01% is the difference 
1. 0.01%
1. Repeats are done short span - 16-25 -if there is a similarity then DNA is considered match
2. STR - Short Tandem Repeats 
3. Cell 
1. Nucleus
1. Chromosome - DNA material
2. Mitochondria
1. Mitochondria DNA
5. Match
1. 1-1 mapping
2. Exclusionary benefit
6. There are serious chances are degeneration of DNA samples
1. Recovery
2. Preservation of DNA 
3. DNA Extraction - how much is worthwhile of DNA
4. Copying / amplification of DNA - via Polymerize chain reaction
5. Data Interpretation
7. DNA is probabilistic NOT absolute match
1. Complex samples
2. There can be false Negatives 
3. if no proper sampling and repeats 
8. Report of DNA profiling
1. 45 IEA - who is expert evidence 
1. Everything should be read in court and made part of record
2. Judge has to question what is error rate, if the procedure is followed properly
2. 293 CrPC - Report is taken as source of truth
1. and the person is not even brought to give evidence
3. 291 CrPC - Scientific report and Doctors Report
4. Scientific Analysis can be wrong
1. Nature of sample
2. Statistical probability
5. The Scientist has to qualified
6. There has to be foundational Validity
7. whether the same result if repeated
8. whether the same result if someone else evaluates

Questions

1. What is methodology is DNA Profiling?
1. STR should be answer which is commonly used and Gold standard
2. XX, XY chromosomal analysis
1. List of suspected person 

Issue of Privacy?

1. once acquitted, the DNA collected can be totally effaced

Case Laws

1. Ravi Vs State of Maharastra - link
1. DNA of victim and perpetuator get mixed
2. Autosomal STR is not possible
3. Y-STR is the right mechanism.- will give best optimal results
2. Puttasway Vs UoI - 2019
1. Privacy of individual
3. Thomosu Bruno Vs State of UP - link
1. Digital evidence
2. Non CCTV, Sim details 
3. Prosecution cannot succeed 
4. Pandit rao Vs Kailesh - link
1. 65B IEA - production of Electronic Evidence
5. Mukesh Vs State of Delhi - link
6. Sakshi Vs UoI - link
1. Penetration is not necessary for rape

Source

1. Report to the President : Forensic Science in Criminal Courts : Ensuring Scientific validity of Feature - Comparison Method - USA - link
2. Forensic DNA Analyze - A primer for courts - Royal Society - link

Transfer Case

 

Transfer of Cases

Statute

1. Criminal
1. 177 CrPC
2. 406 CrPC
3. 407 CrPC
2. Civil
1. Section 23 of CPC
2. Section 25 of CPC
3. Section 24 of CPC
4. Section 151 of CPC
5. Section 21A of Hindu Marriage Act

Section 151 CPC - inherent jurisdiction to pass any order to meet the ends of Justice

1. Inherent power may be exercised EX DEBITO JUSTITIAE  ( as a matter of Right )
2. in those cases, where there is NO Express provision in the Code.
3. Inherent power cannot be exercised in contravention or in conflict of or ignoring express and specific powers of law.

Application of 151 CPC in Transfer Petition

1. Law relating to transfer is contained in Section 22-25 CPC 
2. and they are exhaustive in nature
3. 151 CPC has no application - Contention cannot be taken 

Section 22 of CPC

1. Where a suit may be instituted in one of two or more courts and is instituted in one of such courts, a defendant may apply to have the suit transferred to another court.

Section 23 of CPC - Forum where such application may be made

1. Where the several courts have  Jurisdiction are subordinate to the same appellate court, the application under Section 22 shall be made to the appellate court
2. Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court
3. Where such Courts are subordinate to different Hight Courts, the application shall be made to High Court within the local limits of whose Jurisdiction the court in which the suit is brought is situated.

Section 24 of CPC - General power of transfer of any suit, appeal or other proceeding at any stage of the application of a party or by a court suo motu 

1. Application by any of the parties
2. After Notice to the parties
3. After hearing such of them as desired to be heard or its Own motion without such notice HC/ District Court may at any Stage
1. Transfer any suit, appeal or other proceeding pending in any court subordinate to it  and competent to try or dispose of the same
2. Withdraw any suit , appeal or other proceeding pending in any court subordinate to it 
3. Try or dispose of the same
4. Transfer the same for trail or disposeal to any court subordinate to it and competent to try or dispose of the same
5. Retransfer the same for trail or disposal to the court which it was withdrawn.

Section 25 - Very Wide scope - empowers the SC to transfer any suit, appeal or other proceedinf from one HC to another HC or from one Civil Court in a state to other civil court in another state throughout the country - Plenary and extensive powers are conferred on SC

    Plenary - wide ranging, limitless for all pratical purposes

                 - power granted in absolute terms, no review or limitation on exercise of the power

Section 177 CrPC - Ordinary place of inquiry and trail - Chapter XIII

Every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. 

General Rule 

1. Having regard to the size of the state, the distance of courts from the place of crime and difficulties of transport in the interior, it would seem expedient and desirable that the equiry or trial in respect of any offense should ordinarily take place in that court which is nearest to the place of crime.
2. if Trail is conducted in immediate vicinity of crime, witness will be readily available and it could be convenient for both the prosecution and the defense. 
3. If the place of trial is highly inconvenient to the accused person and causes various impediments in preparation of defence, the trail at such a place cannot be considered as fair trail
4. the plaintiff as arbiter litis or dominus litis ( Person who is affected by decision of the suit) has RIGHT to choose his/her own forum where there is more than one Court in which suit may be instituted.
5. Defendant CANNOT insist that instead of Court A, plaintiff should file in Court B
6. But the RIGHT of the plaintiff to choose a forum is NOT arbitrary, absolute or uncontrolled and in appropriate cases - Superior Court transfer a case pending to other court.
7. Discritionary Power of transfer of cases cannot be imprisoned withing a Strait-Jacket of any cast iron formula unamimously applicable to all situations
8. Power of transfer must be exercised with DUE Care, caution & Circumspection.
9. Favor of Transfer
1. Convenience of wife is preferred over Husband
2. Wife not independent income and no one to accompany her
10. Un favourable to transfer
1. in matrimonial case provide transport & Stay for wife and one helper 
2. Failure to appear during Transfer proceedings - which will be considered as no-objection
3. transfer to different place than the place seeked by wife 
1. a Netural place
4. Only convenience of one party NOT good ground for transfer
5. apprehension of threat of life is not a sufficient ground to transfer a case without lodging a complaint or substantiating the said ground

Reason for Transfer

1. The mere factum of expenses / difficulties SHOULD NOT justify transfer of case from one Court to another, UNLESS courts finds that expenses and difficulties in the Court, where it is pending is SO GREATE as to lead injustice to applicant 
2. Meet Ends of Justice and prevent the abuse of process of court 
1. Wide and lot of discretion left with Courts
3. To avoid Delay and unnecessary expenditure
4. To avoid multiplicity of proceedings
5. There should be substantial and grave injustice
6. When it involves substantial Question of law
7. The part having approached the court FIRST however has the RIGHT to apply before the court in which the subsequent suit is instituted for STAY of latter proceedings as Stipulated in Section 10 of CPC.
8. Estranged homemaker having NO INDEPENDENT Income to bring a matrimonial action instituted by the husband to a court within whose Jurisdiction she has taken shelter in her parental home
9. Very difficult for Respondent wife to trave a distance of 400km all alone and hence discretion was exercised - SC u/s A 136  may not interfere with said order
10. Judge is biased and making discrimination.
1. Serious matter, indirectly causes doubt on the integrity and competence of Presiding officer
2. Court has onerous duty where such ground has been substantiated with reasonable certainty or not
3. Mere suspicion will not get justice would not Justify transfer, there must be REASONABLE apprehension to that effect. 
4. Legitimate Judicial Order cannot be made foundation for a transfer of case.
5. Special circumstances - grounds taken, court must find reason exist to transfer 
11. Assurance of Fair Trail is First imperative of the dispensation of justice ( Meneka Gandhi Vs Rani Jekhmali ( 1979) Cri LJ 458 (SC) 
1. Central Criterion
1. NOT the hypersensitivity or relative convenience of a party or easy availability of legal service or like mini grievance
2. Something more substanial, more compelling, more imperiling from point of view of public Justice and attendant eviromnet

Ingredients to be Established for Transfer

1. Grave difficulty / prejudice in prosecuting or defending the case in a forum otherwise having power to adjudicate the case.
2. Grounds
1. Age of wife, distance b/w place of residence where matrimonial proceedings are filed as well as absence of people who would escort her - Considered reasonable justification for directing transfer of case more suitable to her

What are Not good reasons for Transfer

1. Delay in the court
2. Foreign National
3. Overlapping of issues  & Facts in both issues - NOT Ground
1. There is NO Bar in CPC in institution of 2 different suits in 2 courts by same set of parties on same set of facts.
2. The part having approached the court FIRST however has the RIGHT to apply before the court in which the subsequent suit is instituted for STAY of latter proceedings as Stipulated in Section 10 of CPC.
4. Functional Convenience of one the parties in commercial litigation cannot determine exercise of Jurisdiction of the court u/s 25 CrPC
5. Long distance to Travel
6. Claim that the opposite party is an influential man in the locality

Objection of Transfer

1. Existence of property, relative in place of case, Travel by on and off
2. Each day 10-15 transfer petitions are on Board of each court on admission day
1. Lineancy misued by women
3. Medical condition 
4. Each petition now required to be decided on merit.
5. Counter blast to the petitioner case.
6. Bias is rather fanciful
7. Distance  between two places not so far that it will cause inconvenience to wife
8. Requirement is availability of Positive and cogent evidence.
9. Close examination - failure of justice / only camouflage.
10. Not merely say-so of a party have a demoralizing effect on trail courts and unless a very strong case.
11. Number of hearing had already taken place - not proper to transfer the proceedings 
12. Forum Shopping clause 
13. Results in delayed Justice
14. Compensation to the opposite party < Rs2000, when court feels transfer is not made for good reason.
15. She can always apply for exception from appearance and her  application will be undoubtedly be considered on it merit.

Factors to consider in Transfer Petition

1. u/s 25 CPC 
1. is it expedient in the ends of Justice or not
2. Court has to consider the prayer for transfer with an element of equity.

What to when Transfer application fails

1. Section 96 CPC - appeal shall lie in the court from every decree passed by any court in exercise of Original Jurisdiction and court is having authority to hear appeals from decisions of such courts.
2. NO Appeal allowed when order passed with CONSENT of parties.
3. No appeal if value <Rs10000/- EXCEPT on Question of Law
4. Decree can be Challenged on ground of Fraud , misrepresentation.

Power of Hight Court Transfer Case

1. Section 23(3) of CPC HC can transfer case to any other court which is not under its jurisdiction
2. Inherent power of HC u/s 151 CPC
3. Section 23(3) and Section 25 CPC have to be constructed harmoniously
4. Depending upon social, economic status , Option vested with party to either approach HC u/s 23(3) CPC or SC 25 CPC
5. Question
1. Every Court has its own local / territorial limits beyond which it cannot exercise the jurisdiction.
2. If 25 CPC & 23(3) CPC are taken in conflict, it would make 23(3) Nugatory, redundant anf futile. 
3. No court of law will interpret one provision of law which will make another provision superfluous or ineffective. 
4. 23(3) would result in allowing inroad and encroachment on the power of this court
5. Section 23 must be read subject to 25 of the code
6. Durgesh Sharma Vs Jayshee - Civil Appeal 5857 / 2008 - in SLP - HC CANNOT Transfer to courts out of its jurisdiction - Exclusive Domain of SC

Leading Cases

1. Kumaon Mandal Vikas Nigam Ltd Vs Girja Shankar Pant
1. if allegations pertaining to bias is rather fanciful and otherwise to avoid a particular court, tribunal or authority, question of declaring them to be unsustainable would not arise. The requirement is availability of positive and cogent evidence.
2. Multtani Vs State of Karnataka
1. Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage. 
3. Ashish Chandha Vs Asha Kumari
1. Transfers ordered merely on the say-so of a party have a "demoralizing effect" on trail courts and unless a very strong case based on concrete material is made out, such transfers should not be ordered.
4. Chitivalsa Jute Mills 
5. Priyavari Mehta Vs Priyanth mehta AIR 1980 Bom 337
1. A file 13 HMA in Dehradun, B filed 9 HMA in Nagpur
2. A files 23(3) CPC in HC Bombay for transfer of suit institute by B in Nagpur
3. Court considering provision of 22-25 CPC and 21A of HMA transfered the Case
6. Mamta Gupta Vs Mukund Kumar Gupta,  AIR 2000 AP 394
1. Wide power to transfer, but at same time it cannot constured that Section 23(3) became redudant.
2. Section 25 confers the power on SC to transfer case, it cannot be constructed that Section 23 gets deleted
3. Section 23(3) and Section 25 CPC have to be constructed harmoniously
7. Guda Vijayalakshmi Vs Guda Sekhara Sastry ( 1981) 2 SCC 646
1. A filed maintenace suite against B, in AP, B filed Divorce against A in Rajastan
2. A filed transfer u/s Section 25 CPC in SC to transfer divorce suit
8. P. Sadayandi Nadara Vs Venugopal Chetty AIR 1960 Kerala 91
9. Satyasri Fertilisers Vs EID parry Ltd AIR 2003 AP 312
10. Sudha Sharma Vs Ram Naresh Jaiswal AIR 1990 MP 320
1. Necessary to court to find out the allegations made in transfer application whether ANY REASONABLE Ground is made out for Transfer of the case
11. Matrimonial matters - convenience of wife particularly when she has no one in her family to escort her to undertake long journey - good ground to transfer
1. Anjali Ashok Sadhwani Vs Ashok Kishichand Sadwani AIR 2009 SC 1374
2. Fatema Vs Jafri Sayed Hussain AIR 2009 SC 1773
3. Sumita Singh Vs Kumar Sanjay (2000 KHC 1889 )
4. Sailaja VV Vs Koteswara Rao ( 2003 KHC 3105)
5. Rajini Kishor Pardeshi Vs Kishore Babulal Pradeshi ( 2005 12 SCC 237 )
12. 2 person filed suit against each other in different courts on same cause of action, desirable that suits should be tried in by same court
1. G.M Rajulu Vs Rao Bahadur 1938 2 MLJ 249
2. Mt Zabida Kahtoon Vs Md Hayat Khan AIR 1933 Labore 635
3. Majari Sen Vs Nirupam sen AIR 1975 Delhi 42
13. Avoid multiplicity of litigation
1. Purna Chandar mahanty Vs samatna Radhaprasana das, AIR 1953 Orissa 46
14. Judge bias
1. Rajkot Cancer Society Vs Muncipal Corporation Rajkot, AIR 1988 Gujarat 63
2. Paspala Fakrudding Vs Jamia Masque AIR 2003 AP 448
3. Nandini Chatterjee Vs Arup Hari Chatterjee AIR 2001 calcutta 26
15. Neeraja Gupta Vs Dr. Rajesh Gupta , 2002 1 HLR 273
1. Court allowed trassfer applicaiton filed by wife but for Jind to Mansa instead of Jind to Abohar on ground of convenience of wife has to be looked into
16. Boby Rani alis Babita Vs Suresh Kumar 2011 (1) HLR 284
1. 70% handicapped wife - ground of convinence of wife is seen
17. Veena Vs Vinay Kumar 1992 (1) HLR 380
1. transfer u/s 24 CPC - pleaded Only on ground of convenience failed to make out a case for transfer of proceedings 
2. Convineninece of one party to the litigation i.e wife alone Cannot  be accepted as Rule. Balanced view should be taken , some premium in favour of wife.
18. Premlata Singh Vs Rita Singh (2005) 12 SCC 277
1. Court had not transfered but directed the husband to pay fortravelling  lodging and boarding of the wife and person accompanying her 
19. Gana Saraswathi Vs H. Raghu Prasad
1. Principle laid out in Premalata Singh Vs Rita Singh re-iterated
20. Usha George V Koshy George (2000) 10 SCC 95
1. Number of hearing had already taken plance , it is not proper to transfer proceeding to any other court.
21. Anindita Das Vs Srijit Das (2006) 9 SCC 197
1. Leninancy to ladies shown by court in Transfer matter was being often misuesd and taken advantage of by women
2. Each petition should be considered based on merit.
3. Rejected the transfer application 
4. Grandparents were available to look after the 6y old 
22. Neelam Bhatia Vs Satbir Singh Bhatia (2004) 13 SCC 436
1. Case had progressed to the Stage of trail 
2. Disallowed wives transfer
3. Husband to bear travel and incidental expenses of wife & Companion
23. Gayatri Mohapatra Vs Ashit Kumar Panda (2003) 11 SCC 731
1. Wife being director in company, traveled from place to place 
2. Could not be permitted to state that she was incapable of travel 
24. Puneet Dalmia Vs Central Bureau of Investigation (2020) 12 SCC 695
1. 
   

Source 

1. https://blog.ipleaders.in/transfer-of-cases/

World Days & Significance

 

1.January

alineate 
February
March
April
May

June

1. June 15 - World Elders Abuse Awareness Day - 2016 - UNGA
1. Better understanding of abuse and neglect of older persons
2. 2021 - Theme - Access to Justice
3. Elderly often face multiple barriers in accessing judicial remedies such as issues of accessibility, affordability, reasonable accommodation, excessive delays and backlogs in judicial processes, the impact of digitalisation, cultural norms, gender bias, discrimination, and entrenched ageism in policy, norms and practices
2. June 20 - Fathers Day
1. Originated on 19th June 1910 - Sonora Dodd, daughter of American Civil war veteran William Jackson Smart - to honor father hood
2. Every 3rd Sunday of June
3. Celebration of father, honoring fatherhood paternal bonds and role of fathers play in society.
3. June 20 - World Toilet Day 
4. June 20 - World Refuge Day
5. June 21 - world Yoga Day

July
August
September
October
November
December.

Drone

 

Statue

Important Points

1. Enhance transparency, uniformity and adoption of latest Technology

Usage

1. National Highway Authority - mandatory use of drones for monthly video recording of National Highway projects during all stages of development, construction, operation and maintenance.
1. Videos periodically capturing the progress and stored in Data Lake
2. These Videos can be used as Evidence before Arbitrating Tribunals and Court.
2. Agriculture Survey
3. Ban on Usage in India
4. Ban on imports into India, Customs and other related issues
5. Best Drone Related Information

Sources

1. National Highway Authority - link

Geographical Indicator

 
Statute


India Geographical Indicators

1. 2016 - Jalgaon Banana - Nisargraja Krishi Vigyan Kendra (KVK) Jalgaon
1. Fiber and mineral rich

Sources

1. Jalgaon Banana - link

Article 226, 227

 

Article 226 of Constitution of India

Article 227 of Constitution of India

Important Points

1. A226 power of HC are much wider than power of SC u/s A32 of Constitution of India
1. Power under A226 can be exercised NOT only for enforcement of FR but for any other purpose as well;
2. Power under A226 is Discretionary Power
3. What can be done with A226?
1. Set aside / recall the order if order passed without jurisdiction or without giving opportunity of being heard to a party 
4. Rule of Alternative Remedy
1. If there exist effective and efficacious remedy 
2. Exhausting other remedies before approaching HC
3. Does NOT operate as BAR - atleast in 3 contingencies
1. Enforcement of Fundamental Rights
2. Where there is violation of principle of Natural Justice
3. Order / Proceeding are wholly WITHOUT Jurisdiction or the vires of an Act
4. Alternative remedy does NOT divest the HC of its power under A226
5. Appeal against the Tribunal/ Arbitration /  - HC exercises the Jurisdiction u/s A227
1. 
   
6. When can HC DECLINE Jurisdiction
1. Alternative efficacious remedy
2. Dispute questions of Fact
7. The Statutory provision is acceptance of the principle that the Jurisdiction of the HC under A226/227 of the Constitution of India cannot be curtailed.

Rule of Alternative Remedy

Case Laws

1. Rule of Alternative Remedy
1. Whirlpool Corporation V Registrar of Trademarks, Mumbai ( 1998) 8 SCC 1
1. Under A226 of the Constitution, the High Court, having regard to the facts of the case, has DISCRETION to entertain or not to entertain a writ petition. 
2. But the High Court has IMPOSED upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High court would not normally exercise its Jurisdiction. 
3. but the alternative remedy has been consistently held by this court not to operate as bar in at least three contingencies, namely, where the writ petition has been filed for the 
1. enforcement of any of the Fundamental Rights or 
2. where there has been a violation of principle of Natural Justice or 
3. where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
2. Harbanslal Sahnia Vs Indian Oil Corp, Ltd ( 2003) 2 SCC 107
1. In appropirate case, in spite of availability of the alternative remdy, the HC may still exercise it s write jurisdiction in at least three contingencies
1. Where the write petition seeks enforcement of any of the fundamental rights
2. where there is failure of principles of natural justice
3. where the orders or proceeding are wholly without jurisdiction or the vires of an Act is challenged
2. A226
1. Pepsi Foods Limited Vs Special Judicial Magistrate (1998) 5 SCC 749
1. if Court finds that the appellants could not invoke its jurisdiction under Article 226 the court can certainly treat the petition as one under A227 or Section 482 of CrPC
2. State of Punjab Vs DP Bhullar 
1. if an order is pronounced without jurisdiction or without giving an opportunity of being heard to a party affected by it, inherent power can be exercised to recall such order

Sources

Attack By/ Against Advocates

 

Important Points

1. Bar Counsel should take appropriate actions 

for taking action against the members of the legal fraternity as also the action that has been taken against such of those advocates, who have misbehavior

1. to take appropriate action against such of those unruly advocates who involve themselves in these kinds of acts, which demeans the profession
   
   

 

Sources

1. Put mechanism in place where advocates misbehave with authorities - link
2. Advocates Protection Act - link

Women in Judiciary

 

Sources

1. https://www.barandbench.com/apprentice-lawyer/why-the-collegium-needs-to-consider-appointing-more-women-to-higher-judiciary
2. Representative Judiciary : An argument for Gender Diversity - link
3. Structural and Discretionary Bias: Appointment of Female Judges in India - link
4. 
   

Cost / Fine

 

Cases

1. Juhi chawla fined 20L in 5G Case - risk to health - link

Session Trail : 226/ 227 CrPC

 

Important Points

1. A209 - Commitment of case trail-able in  Sessions court exclusively
2. A227 - Discharge upon consideration
1. Section 227 - not available in Old code
1. Incorporated with view of SAVE accused from prolonged harassment necessary concomitant to protracted criminal trail
2. Eliminate harassment when the evidential material gathered after investigation fall short of min legal requirements
2. Consideration by Judge and NOT merely a presumption.
3. Record reasons for discharge
4. if 2 views are possible one that gives rise to suspicion Only as distinguished from grave suspicion and discharge the accused.
5. Principle is take materials produced by protection & act  upon it without it been subjected to Questioning through cross examination and everything assumed in favor of prosecution.
6. There has to be grave suspicion NOT just suspicion
7. Trail Judge is NOT mere Post Office to frame charge at instance of Prosecution.
8. Accused can explain away the material giving rise to the grave suspicion.
9. Limited evaluation of materials  and documents  - Court cannot make roving inquiry into pros and cons
10. Degree of Satisfaction Recorded by the Court
1. There are reasonable grounds for believing that the accusations against the accused is prima facie true, for the purpose of adjudicating bail is lighter than degree of satisfaction to be recorded for considering a discharge application or framing of charges 
11. the record of the case in A227
1. understood as documents and articles if any produced by prosecution.
2. Code does NOT give ANY RIGHT to the accused to produce any document at stage of framing of the charges
1. such Right is granted only at state of Trail A247 CrPC
2. Evidence is only taken after framing of charge
3. the accused cannot produce his evidence - leading to mini trail
12. Hearing the submission of accused
1. cannot mean opportunity to file material to be granted to the accused and there by changing the settled law.
13. Invoke 91 CrPC to summon to produce document/other things?
1. At stage of framing of charge 91CrPC won't arise
2. Defence of the accused ins not relevant at this stage
3. Only comes at stage of Trail for accused
4. 91CrPC - presupposes that when the document is not produced, process may be issued to compel the production thereof - Om Prakash Sharma Vs CBI (200) 5 SCC 679
5. inherit limitation based on stage
6. necessity and desirability would have to be seen by the court in the context of the puspose of investgation, inquiry, trail
7. There cannot be roving or fishing inquiry
14. 
    
3. A228 - Frame Charges
1. A mere presumption of Judge is SUFFICIENT to frame charges
2. No reasons for framing charge 
3. Strong suspicion that accused has committed the offense
4. if put on trail could prove him guilty
5. Presumption / Suspicion of guilt at initial stage does not mean that accused is guilty unless contrary is proved.
6. At time of framing of charges the probative value of material on record cannot be gone into, they have to accepted as true.
7. the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding
1. Evidence 
1. Statements recorded by Police
2. Documents produced before the Court
8. when court of session frame charges
1. if NOT exclusively trail-able by session transfer to court of Judicial Magistrate
2. Explain the charges against the person and ask if he Pleads guilty or asks for trail
9. What are the options after the charges are framed?
1. Invoke the reversional Jurisdiction of HC u/s 482 CrPC (Quash)
2. Even in 482CrPC - HC can look into ONLY those documents which are UNIMPEACHABLE and can be legally translated into relevant evidence.
4. A235 CrPC - Order of acquittal / conviction
1. If scales of guilt and innocence are ever, benefit of doubt to accused and end in acquittal.
5. A239 CrPC - Discharge by the Magistrate 
1. if the charges against the accused are groundless, accused can be discharge by recording reasons
6. what are 

Stages

1. U/s 209 CrPC, 
1. accused is brought before the court of Sessions
2. Prosecution has to open his case describing charges and by what evidence he proposes to prove the guilt.
2. Court of Session, the Judge has power
1. u/s 227 CrPC, to Discharge the accused
2. u/s 228 CrPC, frame charges against the accused 
1. Before exercising the power, DUTY upon the court to consider the record of the case & documents submitted
2. Hear the submissions of the accused and the Prosecution on that behalf.
3. 226 CrPC - Opening case for Prosecution
1. When the accused appears or is brought before the court in pursuance of a commitment of the case under section 209 CrPC the 
1. Prosecutor shall open his case by describing the charge brought against the accused and 
2. stating by what evidence he proposes to prove the guilt of the accused.
4. 227 CrPC - Discharge
1. If, upon CONSIDERATION of the record of the case and the documents submitted there with and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is NOT SUFFICIENT ground for proceeding against the accused, he SHALL be discharge the accused and record his reason for so doing.
2. 
   
5. 228 CrPC - Frame Charges
1. After considering 
1. Record of the case
2. Document submitted therwith
3. After hearing submission of the accused and prosecution in that behalf
2. Judges exercises his power to frame charges against the accused u/s 228 CrPC
3. Opinion of Court is Tentative
1. if Judge is of the opinion that there is ground for even presuming that the accused has committed an offense he SHALL frame charge against accused.

Case Law

1. State of Bihar Vs Ramesh Singh ( MANU/SC/0139/1977) (1997) 4 SCC 39
1. At this initial stage truth, veracity and effect of the evidence which the Prosecution proposes to adduce are NOT to be meticulously judged.
2. NOR is any weight to be attached to the probable defense of the accused.
3. NOT Obligatory for the Judge at this stage of trial to consider in any detail and weight in a sensitive balance whether the facts if proved would be incompatible with innocence of the accused or not.
4. if scales of guilt and innocence are even, the benefit of doubt is to be given to the accused and the same is to end in acquittal u/s Section 235 CrPC
5. At Section 227 Stage, Court is NOT to see whether there is sufficient ground for conviction of accused or whether trail is sure to end in his conviction. 
6. Only Strong suspicion, is sufficient to frame charge 
7.  Strong suspicion against the accused, if the matter remains in the region of suspicion cannot take the place of proof of his guilt at the conclusion of the trail. But at the initial stage if there is a strong suspicion which leads the Court to think that there is ground for presuming that the accused has committed an offence then it is not open to court to say that there is no sufficient ground for proceeding against the accused. The presumpiton of the guild of the accused which is to be drawn at the initial stage is not in the sense of the law governing the trail of cirminal cases in France where tha accused is presumed to be guilty unless the contrary is proved. but it is only for the purpose of the deciding prima facie whether court should proceed in trail or not.  If the evidence which prosection pro posses to adduce to prove the guild of the accused even if fully accepted before it is challeged in cross examination or rebut ted by the defence evidence, if any cannot show that the accused committed the offence then there will be no sufficnet ground for proceeding with trail
2. Amit Kapoor Vs Ramesh Chandra ( MANU/ SC/0746/2012 ) 
1. At the initial stage of trail when the charges are framed
2. Court is concerned NOT with proof 
3. BUT with a STRONG suspicion that the accused has committed the offense
4. which if put to trail could prove him guilty
3. P. Vijayan Vs State of Kerala (2010) 2 SCC 398
1. if two views are possible and one of the gives rise to suspicion only as distinguished from grave suspicion, the trail judge would be empowered to discharge the accused.
2. The trail Judge is not a mere Post office to frame the charge at the instance of the prosecution.
3. The judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding. Evidence would consist of statments recorded by the Police or the documents produced before the court.
4. if the evidence, which the Prosecution proposes to adduce to prove the guilt of the accuse, even if fully accepted before it is challenged in cross-examination or rebutted by the defense, if any " cannot show that the accused committed offence, then there will be no sufficient ground for proceeding with trail"
5. It is open to the accused to explain away the materials giving rise to the grave suspicion. 
4. State J & K Vs Sudershan Chakkar AIR 1995 SC 1954
1. Defence of the accused is not to be looked into at the stage when accused seeks discharge under 227 CrcP
2. Only documents produced by Prosecution
5. Dilawar balu Kurane 
6. Union of India Vs Prafulla Kumar Samai AIR 1979 SC 366
1. Some/mere suspicion - grave suspicion
7. Om Prakash Sharma Vs CBI (200) 5 SCC 679
1. 91 CrPC - presuposes the when document not produced, process may be issued to compel production thereof. 
2. Width of the powers of the section was UNLIMITED but there are inbuilt inherent limitations as to the stage or point of time of its exercise
1. Nature of proceedings also the compuslsion of necessity and desirebility to fulfil the task or achieve the object
8. State of Tamil nadu Vs N. Suresh Ranjan ( 2014 Cri L J 1444)
1. The code contemplates discharge of the accused by the court of sessions under 227 in a case triable by t; cases instituted upon a police report are covered by section 239 and case instituted otherwise than on police report are dealt with section 245.
2. From a reading of the aforesaid sections it is evident that they contain somewhat different provisions with regard to discharge of an accused
3. Under 227 of the Code, the trial court is required to discharge the accused if it "considers that there is not sufficient ground for proceeding against the accused"
4. However discharge under Section 239 can be ordered when the Magistrate considers the Charge against the accused to be groundless
5. The power to discharge is exercisable under Section 245(1) when, "Magistrate considers for reasons to be recorded that no case against the accused has been made out which, if not repudiated, would warrant his conviction"
6. Section 227& 239 provide for discharge before recording of evidence on basis of police report, the document sent along with it and examination of the accused after giving an opportunity to the parties to be heard. 
7. However, the stage of discharge under Section 245, on the other hand is reached only after the evidence referred in Section 244 has been taken.
8. Thus there is difference in the language employed in these provisions. But, notwithstanding these differences and whichever provision may be applicable, the court is required at this Stage to see that there is a prima facie case for proceeding against the accused.
9. Sajjan Kumar Vs Central Bureau of Investigation ( 2010) 9 SCC 368
• Para 21 - SC summarized the principles which are to be kept in mind by criminal court at stage of consideration of a case for discharge
• Judge while considering the Question of framing the charges under Section 227 CrPC has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine prima facie would depend upon the facts of each case
• where the materials placed before the court disclose grave suspicion against the accused which has not been properly explained, the court is fully justified in framing a charge and proceeding with the trail.
• The court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any infimities, etc Howerver, at this stage there cannot be a roving enquiry into the pros and cons of the matter and weight the evidence as if he was conducting a trail.
• If on the basis of the material on record, the court form an opinion that the accused might have committed offence, it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence.
• At the time of framing of the charges the probative value of the material on record cannot be gone into but before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that the commission of offence by accused was possible.
• if two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trail judge will be empowered to discharge the accused and at this stage, he is not to see whether the trail will end in conviction or acquittal.
• Para 19
• It is clear that at the initial stage, if there is a strong suspicion which leads the court to think that there is ground for presuming that the accused has committed an offence, then it is not open to the court to say that there is no sufficient ground for proceeding against the accused. 
• If the evidence which the prosecution proposes to adduce proves the guilt of the accused even if fully accepted before it is challenged in cross examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial.
10. State of Orissa Vs Debendra Nath Padhi (2005) 1 SCC 1568 
1. Para 9 - SC held that
1. Section 227 was incorporated in the code with view to save the accused from prolonged harassment which is a necessary concomitant of a protracted criminal trail. It is calculated to eliminate harassment to accused person when the evidential material gathered after investigation fall short of min legal requirement.
11. Nallapareddy Sridhar Reddy Vs State of A.P ( 2020 ) 12 SCC 467 
1. Para 25 - 
1. Appreciation of evidence on merit is to be done by court ONLY after the charges have been framed and the trail has commenced
2. However for the purpose of framing charge the court needs to prima facie determine that there exist sufficient material for the commencement of trail.
12. Amit Kapoor Vs Ramesh Chandra (2012) 9 SCC 460
1. Para 19
1. At the initial stage of framing of a charge the court is concerned not with proof but with a strong suspicion tha the accused  has committed an offence
2. Which if put to trail could prove him guilty
3. all that the court has to see is that the material on record and facts would be COMPATIBLE with the INNOCENCE of the ACCUSED or not. 
4. the final test of guilt is not to be applied at that stage.
13. Soma Chakravarty v. State, (2007) 5 SCC 403
1.  (para 19), it has been held that - charge may although be directed to be framed when there exists a strong suspicion 
2. but it is also trite that the court must come to a prima facie finding that there exist some materials therefor. 
3. Suspicion cannot alone, without anything more, it is trite, form the basis therefor or held to be sufficient for framing charge
14. NIA Vs Zahoor Ahmad Shah Watali ( 2019 ) 5 SCC 1 
1. para 23 - Hon'ble Supreme Court
1. The degree of satisfaction to be recorded by the Court for opining that there are reasonable grounds for believing that the accusation against the accused is prima facie true,
2. for the purpose of adjudicating bail is LIGHTER than the degree of satisfaction to be recorded for considering a discharge application or framing of charges in relation to offences under UAPA 1967

Source

1. https://districts.ecourts.gov.in/sites/default/files/2%20Syam%20Kumar%20workshop%20on%20applications%20on%20discharge%20of%20accused.pdf

TEP ( Tax Evasion Petition )

 

Sauté 

1. The Right to Information Act, 2005 - link
2. The Right to Information ( Regulation of Fee and Cost ) Rules, 2005 - link
3. The Amendment to RTI Act, 2008 - link
1. Exemption of Directorate General of Income Tax ( Investigation ) 

Important points

1. Broad Outcome should be disclosed to applicant
2. Applicant has right to know whether the information provided by his was found to be true/false
3. TEP investigation should be complete in Reasonable Time.

Judgments

CIC/RM/A/2012/000926

 It has been the stand of the Commission that in respect of a tax evasion petition, once the investigation is completed, the appellant should be informed the broad results of the investigation, without disclosing any details. The appellant has a right to know as to whether the information provided by him was found to be true or false.” 

CIC/LS/A/2009/001179 dated 18.02.2010 

It is to be noted that investigation into a TEP cannot be allowed to go on ad-infinitum and that it should be concluded in a reasonable time frame whereafter the broad outcome thereof needs to be communicated to the appellant i.e. whether the allegations made in the TEP are fully true, partially true or untrue. No further information needs to be disclosed at this stage.”

Junk

 

We should all be Feminists - Chimamanda ngozi adichie

I was about fourteen. we were in his house, arguing, both of us bristling with half baked knowledge from the books we had read. I don't remember what this particular argumetn was about. But I remember that as I argued and argued, Okoloma looked at me and said you know , you are feminist.

It was not a compliment. I could tell from his tone - the same tone with which a person would say " you are a supporter of terrorism"

I did not know exactly what this word feminist meant. And i did not want Okoloma to know that I didn't know. So I bushed it aside and continued to argue. The first thing i planned to do when I got home was look up the work in the dictionary.

Now fast-forward to some years later

In 2003, I wrote a novel called Purple Hibiscus, about a man who, among other things, beats his wife and whose story doesn't end too well. while I was promoting the noel in Nigeria, a journalist, a nice well meaning man, told me he wanted to advise me ( Nigerians, as you might know are very quick to give unsolicited advice )

He told me that people were saying my novel was feminist, and his advice to me - he was shaking his head sadly as he spoke - was that i should never call myself a feminist, since feminist are women who are unhappy because they cannot find husbands.

So I decide to call myself a Happy Feminist.

Then an academic, a Nigerian woman, told me that feminism was not our cluture, that feminism was un-African, and I was only calling myself a feminist because I had been influenced by western books. ( which amused me, because much of my early reading was decidedly unfeminist: i must have read every singel Mills & Boon romance published before I was sixteen. And each time I try to read those books called classic feminist texts I got bored, and I struggle to finish them)

Anyways, since feminism was un-african i decide. i would not call myself a Happy African Feminist. Then a dear friend told me that calling myself a feminist meant that I hated men. So I decide I would not be a Happy African Feminist WHo does not hate Men. At some point I was a Happy African Feminist Who doesnot Hate men and who like to wear Lip Gloass and Hight Heels fro herself and not for men.

Of course much of his was tongue-in-chieek, but what is shows is how that word feminist is so heavy with baggage, negative baggage you hate men, you hate bras, you hate African culture, you thing women should always be in charge, you don't wear make-p, ou don't shave, youre always angry, you don't have a sense of humour, you don't use deodorant.

Now here a story from my childhoold.

when I was in primary shcool in Nsukka, a university town in south eastern Nigeria, my teacher said at the beginning of the term that she would give the class a test and whoever go tht highest score would be athe class monitor. Class monitor was a big deal. If you were class monitor, you would wrie down the names of noise-makes each day, which was heady enough power on its own, but my tacher would also give you a cane to hold in your hand while you walked around and patrolled the class for noise-makers. Of course, you were not allowed to acutally use the cane. but it was exciting prospect for the nine-year-old me. I wvery much wanted to be class monitor. And I got the highest scroe on the test.

Then, to my surprise, my teacher said the monitor had to be a boy . She had forgotten to make that clear earlier; she assumed it was obvious. A boy had the second-highest score on th test . And he would be monitor.

what was even more interestin is that this boy was a sweet, gnetle sould who had no interest in patrolling the class with a stick. While I was full of ambition to do so.

But i was female and he was male and he became class monitor. If we do somethign over and over again, it becomes normal. If we see the same thing over and over again, it become snormal. If only boys are made class monitor, then at some point we will all think, evenif unconsciously, that the class moniotr has to be a boy. If we keep seeing only men as heads of corporation, it start to seem natural that only men should be heads of corporations.

Reporting Court Proceedings

 

Reporting by Law Firms

1. Society for Tax Analysis & Research - Delhi High Court - W.P(C) 5114/2021 - link
1. Cannot and ought not, run the website/blog, in respect of the proceedings, which are being prosecuted by it, as there is every likelihood of losing objectivity in the reportage of proceedings.
2. any slant in such reporting may lead to multifarious problems which may affect the proceedings and the respective counsels.

Right to Live Report Court Proceedings

1. Chief Election Commissioner of India Vs M.R Vijayabhaskar & Ors, 2021 - link
1. Supreme Court has asserted the right to live report the court proceedings.
2. Swapnil Tripathi & Ors Vs Supreme Court of India & Ors - link
1. Live Stream court proceedings in the larger Public Interest.
2. Sunlight is the best disinfectant - 5 J bench had observed
3. Madhya Pradesh High Court
1. Challenging the MP video conferencing and Audio Visual electronic Linkage Rules, 2020 - link
2. Right to live reporting the court proceedings cannot be dispute
3. Matter could be sent to the E-Committee as a representation of Journalist so that it could take a concrete decision on this matter
4. Argument in favor of live reporting
1. covered u/s A19(1)(a) and also favor the concept of OPEN COURT.
2. if media person deprived then it would be AGAINST the right to freedom of Speech and Expression.
3. Oral remarks and exchanges made within the courtroom b/w lawyers and Judges are part of Judicial proceedings  and media has the right to report the same.
4. Unless that person creates nuisance and that court must be open to all.

Live In Relationship

 

Statute

1. The Protection of women from Domestice Violence Act, 2005 - link

Important Points

1. Personal life and liberty has to be protected except according to the procedure established by law as mandated u/s A21 of Constitution of India.
2. Court directed a man wishing to be in live-in with 18y old girl to make sure
1. Take care NOT ONLY basic necessities
2. BUT also COMFORTS of girl to enable her to live life of DIGNITY.
3. Woman para legal volunteers will have to make weekly visits at the place of residence of corpus and submit monthly report that undertaking submitted by petitioner is bing honored

What is NOT Domestic Relationship

1. Merely spending together over weekends or one night stands won't make it domestice relationship.

Children in live-in relationship

1. A womans womb is precious possession of her personhood and no one can claim right over it; except with her consent.
2. If women chooses the preference to acknowledge the biological father at the time of conceiving the father has every right to be recognized as biological father. and otherwise mother can continue to be recognized as an unwed mother for purpose of JJ Act.
3. Children born in a live-in relationship also has to be construed as child born to a married couple.
4. Birth certificate is a crucial document for public authority to verify that the child is born to a married couple or not.

Landmark Judgments

1. Lata Singh v State of UP AIR 2006 SC 2522
2. S. Khushboo Vs Kanniammal ( 2010 ) 5 SCC 600
3. Indra Sarma Vs VKV Sarma ( 2013) 15 SCC 755
4. Shafina Jahan Vs Asokah KM ( 2018 ) 16 SCC 368

5. D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, considered live-in relation similar to the marriage provided it fulfills the requirements referred as follows:

   (a) The couple must hold themselves out to society as being akin to spouses.

   (b) They must be of legal age to marry.

   (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

   (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

6. 
   

7. XXXXXXXXXX Vs State of Kerala ( 2021 SCC Online Ker 1709 )

8. Merely spending weekend togeather or one night stand won't make it domestic relationship

    

Notable Cases

1. Writ of mandamus can only be issued if the petitioner has the legal right to perform a legal duty by the party against whom the mandamus is asked for.
1. Married women files writ of mandamus in Allahabad HC where she was living with other man and seeking protection - link

Source 

1. Unwed mother - link

Indian Laws

 

Constitution

1.  Constitution of India - [9th Dec 2020]

Matrimonial Law

1. The Hindu Marriage Act, 1955 - link 
2. The Hindu Succession Act, 1956 - link
3. The Hindu Succession (Amendment) Act, 2005 - link

Procedural law

1. Indian Evidence Act, 1872 - link
2. Code of Civil Procedure, 1908 - link
3. Code of Criminal Procedure Code, 1973 - link

Law Commission Report

Lessons from Advocate Akash T

 

Date : 30th June 2021

आख़िर IPR knowledge काम आया? :- 

when I got introduction with chief editor of, “ बुलंद पोलीस टाइम्ज़” Mr.Sunil Patil, he asked to email my resume. Then nothing happened next 2-3 months. After one late night he called me and said ‘ akash, I read ur resume. I found that u did LLM in IPR? there is case of our newspaper here in Dulhe, Jalgaon. 

Some fake reporters are using our paper name. If anything required I call u again, I’m going to the police station now’ I said, ‘ ok sir’ but my IPR knowledge was bookish, I never practice in IPR Cases. But thanx God, He didn't call me. That matter was handled by police only. 

After 1-2 weeks we met, his office was at Andheri-Lokhandwala. ( where most of movie stars stays) He introduced me to his staff and some officers of ‘ All India Marathi Movies Association’ after sharing visiting cards, one person told me in private ‘ you may be a good lawyer, but you need to groom your personality. जो दिखता है वो बिकता है, right? I will help you, If you are okay? I said ‘ सर, मेरा शादी हो के ७-८ साल हुआ है, और हमारे फ़ील्ड मैं ज्ञान ही सब कुछ है। अभी पर्सनैलिटी ग्रुम करके किधर जाने वाला हूँ?’ he smiled and give his card, and said’ if ur mind changes, then call me’ 

Learning :- 

1. Never have bookish knowledge of something you did for earning bread & butter.
2. Be ready for any challenge life throw at you.
3. Read book , ’New Dress for success’ by John T. Molloy. It is worth reading that, why we want to groom ourselves

Date : 29th June 2021

everybody needs push :- after reading the case, we both starting working for cross-examination. After 2-3 years that Advocate got the result in his favour. After that case, That advocate got case for famous Marathi producer, now also that production house have 2 Marathi serials in Marathi channel. 

Meanwhile, we casually met in court, then that advocate asked whether I had time on Sunday? I said ‘yes, on Sunday he introduced me to the chief editor of ‘ बुलंद पोलीस टाइम्ज़’ from that day my journey for film industry advocate started. How? We will read in the next blog. 

Learning :- 

1. always help people with what you have, you will never know when that help give you the biggest opportunity you ever had.
2. avoid saying that ,’ क्यूँ फोकट में किसी का काम करने का? वकील का टाइम मतलब पैसा!!’ understand advocacy is meant for a primarily for social cause. 
3. Google ‘ what is meaning for robes, in High Court gowns?

Date : 28th June 2021 ( Monday )

does pro bono cases make you fortune? :-  for me, the answer is ‘yes’ I will share my experience. There is one advocate couple practising together. One day I found that, only wife is coming to court, so I enquired where is Mr. Abc? He is not on Whatsapp also! Maa’m answered 

Everything is fine, he’s number is changed I will give his number. She was in a hurry so she went. At the evening I called that Adv. He said, ‘ now everything fine, why don't you come in upcoming Sunday? I met him, he discussed his own case with me. One lady client filed a case against him of ‘stalking’ !!! I was shocked & puzzled too! He felt his name got blotted, he was depressed, taking psychological counselling too! He said ‘आकाश यार , इसलिये मैं अभी non-litigation  work कर रहा हूँ” I asked ‘ do you have a copy of the complaint?’ he said ‘yes’ I started reading it. To be continued...

Learning :-

1. even if ur a good person there is a chance that people may try to pull down
2. sometimes even a lawyer needs a lawyer
3. plz be careful if ur talking negatively about anybody, you don't know in the condition he/she got through.

Date : 27th June 2021 ( Sunday )

after 5 years of various NGOs :- if you are a first-generation advocate of your family, then it becomes a bit tough to ‘make’ your name in society. Well according to senior’s advice I joined various NGOs. out of those two NGOs give me ‘Good name’ 1) Ashray trust 2) JASWWA - journalists & Social Worker welfare association. both NGOs asked me to give legal education to common people. 

They also have their weekly newspaper with RNI registered, within 5 yrs my name spread as ‘Good advocate’ in Pune, Aurangabad, Jalgaon, Kolhapur, Satara, Solapur, Goa, Kokan region, recently is Amaravati, where One famous lawyer Adv. Ankita Jaiswal ( she had her blog, & she is part of the Globel group too) called me for a Cyber case consulting, it is my own Does and Donts, not to ask for fees from the Advocates fraternity. Why I set that rule? How one ‘advocate couple’ hired me for their matters? We Will read it in my next blog. 

Learning :- 

1. if you are new in this profession, to get a good senior is a luck. So either pray for that or search for that.
2. I have seen many juniors in High Court, they are stuck to their seniors and taking dates in courts, getting adjournment just because their senior are famous or they have face value. 
3. Those juniors have slim chances to make their own name is practise, & if that senior have son/daughter then forget that you will get his legacy.
4. better if your budding lawyer then join a local NGO

Date: 26th June 2021

this is not autobiography :- 

many members said ‘ all goodie-goodie things happens to u’ this not like that, a) 2 yrs back I got brain stork, my right hand only work 5%. b) 2.5 yrs back my mother diagnosed with kidney disease she is now on dialysis c) 3 months back my father got serious cardiac arrest 4) my wife had two miscarriages then we are blessed with a daughter. If some members feel it's fancy, stories, they can read just ‘learning’ in my blog. 👍🏻😇

No more politics :- in Maharashtra when you enter politics, you will get nickname like, दादा , डैडी, भाऊ, अन्ना , ताई etc. so I went to meet dada, gave the newly appointed corporatator ( his wife) bouquet & congratulate both of them. After having sweets, dada said ‘ 

I will like you to become part of our party’s legal cell team, I will recommend your name too’ Wow!!! It was like ‘मेरे तो भाग्य खुल गए, अभी matters आयेंगे और नाम भी हो जायेगा’ I was about to say ‘yes’ but I said ‘ मुझे घर में पूछना पड़ेगा, mummy daddy दोनो retired teacher है, उनको पॉलिटिक्स पसंद नही’ dada said ‘ok’ I came back to senior office and told everything. What he advises me, I am putting in the learning section. 

Learning :- 

1. many eminent lawyers, doctors are in politics so read their books, autobiographies you will find that, they enter into politics after reaching particular heights in practice.
2. You are fresher, once you enter into politics tag of ‘XYZ party advocate ‘ will be labelled, so other party matters may not refer to your name.
3.  instead of joining a party, join NGOs, do their pro-bono cases, you will get the name and fame.
4. collect information about Aristotle, Pluto, Socrates, Dr Ambedkar - what is their view on politics. How pro-bono case help me for practice. We will see in the next writings.

Date : 25th June 2021 ( Friday )

corruption & politics :- my senior had cases of local area's politician. 4-5 years back there was judgments against that 4 politicians ( all of them are sitting corporate now also) so, those politician called my sir because soon there was judgement going to be pronounced. We had a meeting for 2-3 hrs. 

Two more senior advocates also came for discussion. Meeting finished, we came back home. In next morning I got a call from one of the corporator’s PA, that he wants to meet in the evening. I went in top restaurant of city, that PA welcomed me after lil chit-chatting he asked me what I feel about the “judgement” of that case. I said, “ if you have paper now, I can tell u, what I feel?” PA’s driver handed over the case paper,  for an hour or two I said, ‘ according to me, your boss will get punished for corruption, but I trust my senior and other senior too, they must have argued the case nicely. 

Just pray. if the judgement goes against us, we have the option for appeal” after listening to me calmly that PA said. Ok. Then we got dinner, and I came home. After a week Thane session court declared judgement and it was against us. That day, PA phoned me, & asked, what are the chances of appeal? 

I said’ you hire a senior counsel, & trust him’ after 1-2 years that PA’s wife contested election & won. Now that PA’s PA called me and to ask ‘ दादा को आपका मशवरा चाहिये, क्या आप आ सकते हो?” to be contd....

Learning :-  

1. Never talk ill about anyone whether in public or private or in Court bar room
2. If anyone asked you about judgement, say frankly what think about it. Remember you are not a fortune teller, you are an advocate

Date : 24th June 2021 ( Thursday ) 

नेकी कर और भुल जा :- when my senior sir told me to appear for Asaram Bapu’s 23 sadhak ( you may google that case, - in Airol-Thane there was a Holi program organised by Yog Vedanta Seva Samiti, Thane. There was a drought in Maharashtra so many NGOs did protest against it, so the followers of Asaram Bapu got arrested ) me & my friend Adv. Premkumar K. Went to Vashi for a bail matter. 

We got bail, later what happened with that matter we don't know. Last week Surat Samiti people met me. They said we want a lawyer to appeal for the session court for Asaram Bapu’s son,- Narayan swami @ Sai. They sent Surat court judgement. It was all in Gujarati so I make contact with Adv. Priya Rita to read that judgment so that we will guide further. 

Learning :- 

1. I never asked my senior how much fee he got that time, but as the case came to me, I called my senior how much fees to ask? Be loyal - it pays till u die
2. never consider fees, if big-name attached to it & whatever matter is, just give ur best, be promising to ur client.

ब्रह्मास्त्र backfired :- In 2017-18 my client approach to take his case for cross-examination of domestic violence. I read everything & advice him, as the DV matter is quasi civil, quasi-criminal, let's put application for interrogation, in meantime, my client suggested for,  to file Tax petition against his father in law, I told him, it is not my forte I never did that! 

He told, me ‘ he passed UPSC now, he is waiting for the letter from the centre govt, but because 498a is pending, it is gonna be trouble. So I want to teach a lesson to my in-laws!!’ he filed TP in the tribunal, and with that pressure, her wife was ready to settle the matter the only condition is ‘withdraw TP’ I said, ‘it's good news for you. Your all matter is going to settle ‘ but still he was not happy. I asked him ‘ क्या हुआ भाई’ he said once TP case is there, the only govt can withdraw it & I have provided enough proof, they are not ready to withdraw it!! I felt sorry for him. 

Learning  :- 

1. if u know only half the road, never take a journey you don't know the destination

Date : 23rd June 2021 ( Wednesday )

Questioning before questioning.  :- In civil cases, these concept called ‘interrogatories’ Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC covers interrogatories. Though all of us learned in last year of Law Course,  we didn't use much.  

Before Hon’ble supreme cost asks litigants in the matrimonial matter to Submit their ‘income affidavit’ I use to prefer ‘ interrogatories ‘ or ‘ application of production of documents’;  but ‘interrogatories application is a double-edged weapon, it's somewhat opening your cards of the game before playing. This means you are indirectly opening the package of questions you kept as ‘ब्रम्हास्त्र’, I already told you, It's my own experience. How that ‘ब्रम्हास्त्र’ will backfire? I narrate this experience in my next blog. 

Learning :- 

1. Half knowledge is always dangerous
2. still...keep Learning.

Date : 17th June 2021

When junior becomes my senior :- 

This is the recent case of 2018-19, I fed up with all criminal & civil cases. My practice was set.  I thought ‘why not give a chance to our self to enter onto the realm of corporate practice? ‘ for That my childhood friend Adv. Yogesh Pandit & Adv. Yatin Pandit give me a boost, I took admission to CS. 

But my bad luck failed thrice in ‘excutatice -CS, just for one paper for ‘cost & accounts. ‘Remaining law subject I got 60% plus. I told Pandit brothers ‘भाई ये कॉस्ट एंड अकाउंट, अपने से नहीं निकलने वाला, I gave up, because in Art stream background’ 

As I already said ‘ Have friends who know you in and out’ so they still believe me and try to convince me. In between I forward my firms profile to2-3 companies, one company called us. That firm is got impressed by my interview, then got ready to give us their NCLT matters. 

But don’t know even what it means by NCLT? where is the office? How to file a case? and many more aspects. So I put my questions to one Whatsapp group, then one member replied that she practising in NCLT. 

I immediately call her to the office, she is so kind to us, it was my work but still, she comes. Explained to me everything. Then I said, madam. We put join vakalatnama, this is my first corporate matter you are my guru 🙏🏻.  She got ready for that. She is Adv. Priya Rita. She is part of this Global group. Everybody is reading my blog, I say thank you very much Adv. Priyaji. If you were not there, I might not get into Corporate practice. 

Learning :- 

1) put your ego aside when it's time to learn.

2) Have excellent relation with everyone whether they are your friend or foe. 

3) if earning is a continuous process, then learning is the fuel to run the process.

Date : 16th June 2021

Master is always Master :- 

On next Sunday I went to Karjat. That sir asked me to come at tea stall near to court. I thought he will pick from there, then he teaches me in the office. But when he came, asked me to pay 500₹ to the tea stall owner. 

And he said to the tea stall owner “ आता उधारी सगळी दिली “ ( I paid for everything ) grabbed two sitting stool, get 7 /12 extract copy from his pocket and asked me to listen carefully. I was like “ आकाश ये क्या कर रहा है यार??  

But I thought two hrs I wasted on travelling. 500₹ already given to tea. Now we will see what next? 3 hrs that advocate was teaching me non-stop, his teaching was excellent!! After 3 hrs he asked me to pay for whatever food we have ordered. Then asked me to give 2000₹ as his teaching fees. I happily gave. 

I still can not compare his teaching to my law college professor, it was great! I Touched his legs. He blessed me. Then again after 2hrs travelling, I came home. When I got a job as visiting faculty, at SNDT University. I choose to teach ‘ Land laws’ only. Still, my students meet me in various court, they thanked me for teaching them ‘ How to read 7/12 extract’ but all credit goes to that advocate in Karjat court. 

Learning :- 

a) never underestimate anyone by his look or status,  he may far richer than you by experience, by knowledge, by humanity. 

b) remember ‘ 3 idiots’ movie dialogues “ ज्ञान चारों और बट रहा है उसे लेलो’   

3) Nowadays many groups like Adukia’s sir group,  my NGO group, is organising session, 

Please do not lose such wealth. I feel very sorry, who are leaving such groups, it's like आयी हुई लक्ष्मी के लिये दरवाज़ा बंद कर देना’

M.B.A & farmer's case :-

I entered in individual practice, I didn't have an office or any place to sit, hardly 2-3 matters of my own is there. Then one land dispute case referred to me by one friend. I took a sign on ‘vakaltnama’ then on the first day, I received documents from the opposite party. 

While going through documents at the bar, I realized that I know nothing about the land laws in Maharashtra. ( I remembered how I got failed in that ‘land law’ subject in the 2nd year of LLB, I gave the exam again & passed too.) that case was at Karjat Court, I was like, ‘ये केस मैंने क्यूँ लिया?’ 🥺.

 I did an autonomous course ‘M.B.A in legal administration’ from Dr Ambedkar Wadala law college, because my friend ( Adv. Abhijit )force me to do it एमबीए करने वाला लड़का, अभी खेती के केसेसे लड़ेगा? !!

I was frustrated!!‘one senior & old Advocate was watching me in Karjat bar room, he came to me and asked, ‘ what's the issue’ I told him ‘ it's my first case of land matter, I do not understand how to read 7/12 extract, what is mutation entry? What is pen entry? Pencil entry!! Etc etc. 

That advocate relaxed me & said, ‘ if u want to learn everything on land law, come on this Sunday, I will teach A to Z, but u have to give fees, for that.” I was staying at Thane, going to Karjat will take 2 hrs travelling that too on Sunday. So I said “let me have lunch, give me your number, will call you for sure.” after that phone call, Life takes a huge turn. To be cont...

Learning :-  

1) if you are new in practice take any damn case you got. 

2) learning is earning never forget that. 

3) you choose the career option as bread and butter, get ready to work hard.

Date : 15th June 2021

Settlement & black magic.

Continued from the last blog. 

I took the cross-examination of the opponent, but she lied to the court, then we gave an application to file a case against her. The judge was very responsive, he took the application then asked me to submit an exhibit that was exactly related to cross. 

After watching it, the opposite lawyer invited me to his office, I asked my client that if he is ready, then I don’t mind. So after having tea together, the opp party requested to ‘Not press the application’ we said ‘ok’ then there was the settlement. 

After the matter was over, I asked my client ‘ where is black magic?’ My client smiled!! after all matter was over. it took 2 yrs to settle, after finishing it, I realised that the client has fame in Nashik and that senior advocate too have a big name in Nashik court. 

At the end, Nashik court seniors advocates added my name in their WhatsApp group. We are still very good friends.  

       

 Learning 

1) even though the client had some preconceive notion against anyone, You stick to your legal point. 

2) Have faith, trust and belief in your knowledge, but don’t show over confidence in your case. 

3) Reading is important, but how to read personality is more important. 

In my next blog, I will give you tips.  How to read people, how advocate loss their case on small mistakes.

How to do settlement :- 

Many times, it observed that, clients get ready to settle matter, then check the list ‘why’ - 

1) He got fed up. 

2) He start feeling that, he is going to get order/judgement than Justice.

3) family pressure ( in matrimonial cases) 

4) he start feeling that he is going meet his maker.  

5) reason unknown to you. 

Then you have to do one thing, you have to find out ‘why’ and do reasonable discussion with him. 

I will share 4th point with you.  

After filing case, there was first date after summons ,so Opposite Parties came, you all might experience, when all opposite parties comes in court, there is high tempo about - इसने मेरे ऊपर केस किया 😠. & while getting next date, opp.party abuse our client. 

On next date, my client told me, mr. xyz is doing black magic, you please be don’t touch anything from her and get anything from their hands.  

I do not believe, but after all my he was my client so I said, “ok” Opposite party was daughter of Rtd.Class-1 officer. She herself was software  engineer, I thought why such literate ppl will do that? But I was wrong….(you will read in next episode ) 

Learning : -   आप इस बात के लिए हमेशा तैयार रहें कि लोग आपको कभी भी, किसी भी परेशानी में डाल सकते हैं और मानसिक रूप से इसके लिए भी तैयारी रखें कि आपको उसका सामना कैसे करना है और उस चुनौती से कैसे निपटना है?

Date : 14th June 2021

Are you credible? 

This the question you ask for yourself, in fact ask yourself that, “will you marry with exactly same person as you” if No, then you want to improve yourself, & if ‘Yes’ then welcome to the world of infinite ways of getting rich, successful, famous etc. 

How it help for getting clients? 

1) You yourself observed in bar room, that many clients are waiting for 2-3 hrs to meet their advocates.  2) clients do not take their file back from you, even if you loss case, they have seen your hard-work in doing, cross, arguments etc. 

3)  Are you trustworthy? - for this I will like to share my own experience. 

    When I started my individual practise, then my client set trap!! His opponent  approached me by giving more fees, to loss the case, that time I remembered my senior’s teaching - ‘ Do not trust anyone, in practise!!’ So I denied his request, & called my client, he smiled & said ‘ it was ur test- वो आदमी हमारा ही था’ I thanked to God ….from that day to still today, that client is like ‘फ़ेविकोल का मज़बूत जोड़’ he never went for other lawyer. 

Learning :- यह याद रखें कि जिंदगी में कोई भी मौका बार-बार नहीं मिलता और जब कभी भी आपको कोई  भी मौका मिलता है तो उसका पूरा फायदा उठाये.

Date : 13th June 2021

mind games 

This tips I am sharing for High courts & Supreme court clients. 

Remember, when HC & SC Clients comes to your office for : 

a) either to settle matters 

b) may be in lower court they feel, there is some points in arguments do not reach to judge. 

c) they had gut feeling that we can win. ( we gotta lit that gut feeling.) 

d) some advocates put into mind of client that, “अरे यह पोईंट शायद आपके पहले वकील ने कोर्ट को बोला नहीं होगा । “( it is same as doctors in movies - पेशंट को जल्दी लाना था, अभी देखते है, we are trying our best.)    

e) ego clashes . 

I will explain all point one by one with case ( name changed)  . Stay tuned : 

Learning : हमेशा झूठ बोलने के लिए 99 सच बोलने का गुर सीखे। क्योंकि जब आप गैर जरूरी बातों को स्पष्ट बोलने की आदत बना लेते हैं तो आप ऐसी बातों को छिपाने में माहिर हो जाते हैं जिनका रहस्य सिर्फ आपको ही मालूम है और आप यह किसी के साथ भी साझा नहीं करना चाहते ।आम तौर पर यह अपनी कमाई, अपने प्रेम और अपने अगले कदम के बारे में कहा जाता है। आप अपने प्रेम को भलीभांति छुपा सकते हैं। आप कितना कमाते हैं और  कमाने का आपके पास क्या जरिया है यह बात भी आप आसानी से छुपा सकते हैं और साथ ही आप भविष्य में क्या करने वाले हैं इसके बारे में भी किसी को कानो कान खबर ना होने दें ! लेकिन इसका सर्वश्रेष्ठ तरीका यही है कि लोगों के मन में अपने प्रति विश्वास बनाए रखें ताकि जब आप 99 सच बोलते हैं तो आपका 1 झूठ भी सच में कब शामिल हो जाता है, किसी को मालूम ही नहीं होता।

Date : 12th June 2021

1st day in apex court

I Quiet/ resigned my corporate job. My father was angry. ( you can co relate this scene with movie 3 idiots)  But some how, my mother & advocate friends convinced him. 

I started assisting Adv. Bharadwaj Chowdhary. Their practise is in all over india. 1st day was like understanding chambers and basic but Imp. Info about court. 1st day I saw P.Chidambaram sir and many senior councils, and then I was like “ इसको कहते है लाइफ़”  but Still I don’t know , how to get clients , if clients come how to make them ‘in’.

 After my day was over, I asked sir about it. He said, ‘ whenever I am in meeting, watch & observer me & importantly don’t speak’  I said ‘ok.’ After 2-3  meetings I was 100% sure that, whatever I read in novel’s of  John Grisham &  बाबा कदम ( ex- PP of maharashtra state) writers were 100% true. Now you get ready to understand ‘sutras’ I learned.   

Learning  :अपने अंदर की उत्सुकता को कभी भी ख़त्म ना होने दें, क्योंकि यही आपके लिए संभावनाओं के नए द्वार खोलने का काम करेगी और इसी से नए रास्ते तय किए जाएंगे । इसके लिए आपको किसी प्रकार की ट्रेनिंग लेने की जरूरत नहीं है बल्कि आसपास के लोगों से भी कुछ ना कुछ सीखते रहें आसपास की परिस्थितियों से सीखें. हालांकि यह माना जाता है कि आप कितना अच्छा सवाल करते हैं उससे आपकी बुद्धिमता का पता लगता है ना कि आपके द्वारा दिए गए जवाब से।  जबकि आपको मन में किसी प्रकार की भी शंका हो तो बिना किसी झिझक के उसके बारे में समाधान ढूंढें।

Date : 11th June 2021

अब्बु नहीं मानेंगे watch movie the secret

Finally I joined corporate job, my role was AM- legal, I have to report to my senior/boss , who was in-house CA for company. I use to read / draft / compliance for company agreement. It was soo boring! In that AC cubical , I use to miss my practising days. I was like, ‘मैं जब मेरे senior के साथ corporate meeting को जाता था, तब वहाँ के CA हमको सर सर बोलते थे।  But my father was damn happy, he was about to retire & before that I got job. He very proudly said in his group, that ‘ my son is advocate In one corporate company’. लेकिन भगवान कुछ अलग चाहता था!! my previous senior called me & said, ‘ there is one opening at one suprem court Advocate’s office at Delhi, if ur interested then meet me on sunday, we will go to his place’ I said ‘ok’ , then called my friends at evening we meet, after all ‘friends are friends! ‘ they convince me to go to delhi, but I was like….’अब्बु नहीं मानेंगे ‘  

Learning 

कोशिश करें कि अधिक से अधिक मूवीज़  देखें. क्योंकि इसमें भी आम जीवन की घटनाओं का चारित्रिक वर्णन किया जाता है और यह केवल सिल्वर स्क्रीन नहीं है बल्कि जीवन की सच्चाई को पर्दे पर दिखाया जाना ही है। याद रखें कि आप असल में घटित हुई घटनाओं पर आधारित मूवी या सीरियल्स देखते हैं तो उनसे भी आप सबक लेना ना भूलें इन्हें केवल मूवीस के तौर पर न देखें।

Date : 10th June 2021

corporate job experience 

In my family No one is advocate. Mine is first generation, so my family was behind me to look for a good job for stability of income. 

I starting my practise since my 2 nd year of Law in Thane dist. Court. Under Adv. B.N. Pandey sir. He is north indian, but his marathi is far better than me, & legal terminology was like dictionary. So after LLM Result was declared my family started forcing me took look for job. 4  साल तो हो गये थे internship karte. 

My school friends, were already in job, some become doctors, engg, some gone to US. some bought car, bike, even home!! It become pressure to me, because my senior were not giving me single rupees, in fact when I used to for photocopying, i pay from my pocket.  So with tremendous presser, I started giving interview wherever & whenever possible, I told my senior about it, senior guided me, ‘ look Akash, doing practice is like rhino ride, initially you will not earn, but take my word of advice, you are made for practise, still u want taste the job, & then decide, my office is open for you. 

But you know, I will not give money’ It feel like अर्जुन in confused state. I started giving interview wherever possible. 

Teaching  :-  

1)  Don’t follow success, follow excellence; success will follow ( 3 idiot like u know😊)

2) Learning is everywhere- what i  Learn while giving interview? I will tell u later.

3) Do what you love. ( some find it filmy, But believe me its true. )

4) Life is not a race. Don’t chase others. Go on your pace. Like what parents started comparing my success with others.

Date : 9th June 2021

Homework for client 

sounds funny right? But when you goes to giant law firms, u find that, some advocate hired for only research. Research not mean by searching case etc. but by reading newspapers!!! Yes You are reading it right.

 I got one case from Rajasthan  - Jodhpur law firm, I asked them to send documents for my reference ( always ask photocopy only) when that firm sent me documents , I was amazed that, very minute paper cutting of news also attached, below that there is notes of in-house lawyers.  I was like ‘ भाई इतना सब रेडी है, तो मेरी advise की क्या ज़रूरत?’ 

But I took,advance fees, reading तो करना है. It took me 50 hrs to read it. ( साला इतना पढ़ाई मै लॉ में करता तो टॉप कर लेता) but what I learn from it, is ‘ know everything about ur case, peoples view, their blogs n all and so that u will have idea- what type sword opp party going to use in war. 

Some lawyers or attorneys focus solely on winning their case regardless of knowing the truth and even after knowing the truth, using dark manipulating tactics to get the outcome of what they want to win the case. They are not bothered about justice but are only concerned about their reputation and self-esteem. 

Next blog- Welcome to the world of practise.

when clients come by reference

Actually I keep this subject after ‘ how to make ur name in profession?’ But as I told u, this is ‘2 minutes generation’ they want everything fast, so this is learning :- 

1) our majority work came by Reference, friends, relative , and seniors. ( I never asked my junior about share me fees or keep my cut in fees, but I asked them to put my name in VP so that, during cross or argument I can come, & court will not object) so, lets say one case come through reference, then before taking meeting with that client, ask everything about him to that reference like- 

1) where client is working ? 

2) is he married ? 

3) does he have old ages parents / in laws or not ( this crucial in matrimonial case), does he/ she have kids? What is the age? Whether he lives in own house or rented premises ? 

4) does he have vehicle, if yes, who one? 

5) in what time he is ready to come? With whom etc etc? 

6) for what purpose he coming ? Just for advise ( free - never ever do it) it decide to get idea about fees 

7) how to check whether he is serious to give u case or getting idea, ( many readers of my blog asked me , सर क्लाइयंट तो आते है, but फ़ीस सुन के भाग जाते है, कभी कभी १०,००० & भी उनको बड़ी फ़ी लगती है’  

well, I throw light on that too.  Why should get these answer before ur client? What is impact in it? How to do mirage of ur persona? Which Dp/ status u must keep in social networking sides. 

 I will answer u this very soon.  But today I get one case of one सनातन ग्रूप , how me & my junior work on, ‘ How make the case ‘in’ I will share u , on upcoming blog.   Good day bhai log. Sorry Im bit busy now. 🤟🏼😈

Date : 03rd June 2021

Failed in call center interview

Today’s age is fast food / ‘2 minutes’ maggy’s age. Many advocate sent me msg that, “भाई, तेरी स्टोरी बस्स कर , हमको सिर्फ़ इतना बता की पैसे कैसे कमाए? मेरे पास क्लाइयंट की लाइन लग जाय!!’ - we called this is a fast food generation. 

Show me some one who got success in over night? It is a phrase that ‘ roman empire wasn’t built in one day’ .  

I was failed in Reliance call center interview , because of english lingo problem, but today I’m Corporate Trainer to Reliance company, Adani energy , Zicom company. & many more. so now onwards No my story telling, just plain learning. 

So Take away points are : 

1) Never talk ill about damn anyone. U will regret later if talk ill. 

2) when client says , कुछ फ़ीस कम करो ना, वो xyz adv. इतने पैसे में काम करता है. Then you have to say,’ bhai, you can do work from other lawyer but “ सस्ते के चक्कर मैं अपना नुक़सान मत कर लेना” and if something happen, & you return back to me, the fees will be same’   

3) Never!!  I say never !!- sit in bar room. ( specially ladies in this group plz note it)  There are many groups in one bar, it may affect you in ur long terms. Understand this, 

4) Never get possessed by ur client story or fact.  

आज के लिये इतना काफ़ी है. I am changing setting for chat. One progg is there.

Suicidal thoughts & ray of hope

जब आप अकेले होते हैं तो लोग आपकी देखभाल नहीं करते हैं, जब लोग खुद को अकेला महसूस करते है तो वे आपकी देखभाल करते हैं। इसलिए लोगों का असली रंग तब सामने आता है जब आप उनके किसी काम के नहीं होते।

After losing clients, money, one leg, one hand, burden of loan ( hospital bill) I was totally depressed. It was all my fault like, 

a) I never share my Insurance details to my family so family have to pay huge hospital bill 

b) I never done full body check up Bcoz I thought, I’m tracker, non-smoker , non-drinker, only veg food eater.  मेरे को क्या होगा? 

But soon…Negative thoughts started entering in my mind, I thought to commit suicide.  So I contacted my client, she is psychologist ( Dr.Leena majethia ) she use to do counseling session at my home, & my junior also become my wall, she & her 2 -3 friends took one small office near thane court, & I thought everything will be sorted soon… but  life take test first & then teaches you lesson. What is that lessons I will share you in next chapter. 

Teaching : 

1) if your sole earning person in ur family keep high claim health insurance 

2 ) if your earning well & ur mid-aged, then take term insurance of 1cr. Min.

3) keep 20% of ur income as investment per month or per fees ,irrespective of fees 500 ₹ or 50,000/-

4) keep ur mind healthy : it is ur primary source of earning.

Date : 02nd June 2021

Back stabbing me by partners,  then corona, still I survived

Hi again! Most imp. Learning: “जब कभी भी आपको किसी को धोखा देना हो उससे पूर्व आप को उसके मन में पक्की जगह बनानी होगी!  यह आपके ईमानदार और उदारता के रवैया से पैदा होगी और जब आप किसी के दिलो-दिमाग में ईमानदारी, उदारता के गुण से अपनी खास जगह बना लेंगे तो आप उन्हें अपने तरीके से कभी भी नचा भी सकते हैं और उन्हें धोखा भी दे सकते हैं।- 

I have sour experience, I was in wheel chair, All my business were handled by my partners, so I was blind trusting them, mean while one case of NDPS ( drugs case) came to me by one doctor friend. The accused was too doctor, his wife was Miss xyz state, matter was serious, news also came in Indian express news. I said my doctor friend “ i’m on wheel chair, my partner will attend’ client got ready. After chargesheet accused got bail.  

Meanwhile corona started , lock down everywhere. After 1st lockdown closed, I joined office. Then I came to know, new junior was hired, my old junior was kicked out with insult. Matters was hijacked from October 2019. 

All monies/fees were taken by my partners. I was thrown out too!! Keys of office also changed!!This was 2nd shock to me!! ( yes my junior try to tell me, but i was blind trusting my partners) 

Learning : 

1) when ur going to start law firm, always do in written agreement, registrar agreement 

2) never trust anyone 

3) if clients come by ur name tell ur clients to talk about fees to you only.

’When I’m paralysed & bed ridden for 3 month’

Yes, u read it right. I was paralysed in oct.2019 & still medication is going on! 

Well, I was on 7th heaven when I got multi-crore case. Everyone was happy. But बोलते है ना , किसी की नज़र लग गयी, that thing was about to happen. After sending summon to accused, I found that, one car following me, regularly.

I took video, whenever I notice it. Then i called my friend who is ex- DCP (crime) of mumbai police. He told me, if u get any suspicious activity, call my number or put my number in ‘ speed dialling’ - i did that, still fear is there. 

So I starting staying in office for week n week, it made me weak inside. Then on 16 October 2019 one college of mumbai, organised my guest lecture on digital evidence. Lecture was at 10:00, so I woke up early and after taking bath, i got  brain stroke!! my half body ( right side) was fully paralysed. 

My 3 nerves of brain got blast. I was in coma for 5 days. ….(to be continued - how i got bollywood celebrity cases  ) 

Learning : - 

1) balance between work & personal life. 

2) don’t be hyper in any situation 

3) trust urself & ur knowledge . 

4) we dont know what will happen in next second so..सुनो ज़ीयो खुश रहो…क्या पता कल हो ना हों