Weekend

Today is last day of week in court.

                                              am i happy.......certainly.

Is this feel right....will it become my habit to feel happy only on weekend...will it change my feelings for happiness at all times.

now I have changed my feeling of happiness at weekend.

Earlier when weekend came i felt very happy as if every stress and pressure had vanished and when i reached home at home i am the happiest person in universe and i used to kill time by watching TV.

suddenly when i woke up it was Sunday.....

Feeling of happiness gone....suddenly stress of Monday started.

My whole Sunday destroyed sorting out for Monday......only one work whole day was done by me and that was only thinking... rethinking.......

This phase continued for some years....and suddenly i woke up....God i have wasted so much time only thinking......baseless thinking.....now i realized why i felt  happy when weekend comes....

Reason is i did lot of thinking........useless and baseless thinking and was stressed all times till Saturday came and on that day i had chance to hide from all obstacles and from society.

Now i have made up my mind and my subconscious mind is also aware of aforesaid fact and i dont think especially baseless thinking, now every day is weekend and every day i work, starting with small things to big task and is not thinking at all but only using my mind for sorting things out.

Divorce by mutual consent

Divorce by mutual consent.

Divorce petition by a husband....

Almost climbing Everest.

What to do...nothing can be done..only hope is wife and that too when she is ready for alimony or some other conditions....but if she's not ready its almost impossible.

Things are different if u have a very reasonable ground then only and that too after proving the grounds existed in your favor ....

u can seek divorce and that also after long battle.

Divorce petition by wife.

Things are completely different for a wife seeking divorce.....

Law sometimes is slightly favorable towards women on account of previous precedents in society and other reasonable considerations.....so not much of difficulty in grant and seeking of divorce.

Mutual Divorce-;

Now the question is when both parties are ready for divorce....its a affirmative position for both.....

Both husband and wife will file a joint divorce petition along with theirs affidavits before sessions court. The court will then record statement of both the parties which is called first motion and after recording the statement of both the parties, court will fix the matter after  six months for again  recording the final statement of both parties. 

This period of six month is provided to both the parties so as to afford a reasonable time to think again before their marriage is legally dissolved.

and after six months when matter is taken up and the parties are still willing to dissolve their marriage then the court shall after recording of statement of both the parties finally shall by way of its order  grant divorce and marriage is dissolved for all intent and purposes.

Now the six months period of waiting has been waived off if the court is satisfied that the parties amicably with mutual consent and peacefully wants to separate from each other.

                                                            And 

That the statutory period of one year under Section 13B (1) of Hindu Marriage Act of separation of parties is already over before the first motion itself.

                                                            And 

That all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 Civil Procedure Code/Section 23(2) of the Hindu Marriage Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts.

                                                      And

That the parties have genuinely settled their differences including alimony or any other pending issues between the parties.

                                                     And 

That the waiting period will only prolong parties agony. 

Though every effort has to be made to save  the marriage, but if there are no chances of reunion and there are no chances of fresh rehabilitation and therefore the Courts are not powerless and have jurisdiction in enabling the parties to have a better option.

It is apparent that the object of six months period is to safeguard both parties against a hurried decision if there was otherwise possibility of differences being reconciled. 

But in case there is no possibility of differences being reconciled and waiting for period of six months will not perpetuate a purposeless marriage and will prolong the agony of the parties as there is no chance of reconciliation then the court may waive off the period and may grant Divorce to the parties at initial stage without waiting for further period of six months.

Bail

Bail

Bail.
The word itself is danger, none will even dream about it.
But the situation will require us to seek bail.
Before looking in rules and laws of bails exact meaning of bail is to be understood.
Bail means freedom when u are arrested by police in simple terms and it means u will remain present before court till court direct u otherwise.
Normally u at time of bail submits to court that i shall remain before court and for this promise  i  give security of amount in writing.
Further court can ask for a  written  promise/undertaking  of a perso nown to u who shall promise that u shall remin present before court and if there's default in ur appearance ur money security and ur surety security amount is to be deposited by u in court. These are some basic procedure during bail application.
Now lets see for what offences bail are taken.
Two types of offences are there, bailable offence and non bailable offences.
In bailable offence bail is and can be given before police for ones presence before court.
In non bailable offences police can not grant bail to u. U have to take bail from court after appearing there.
In bailable offence, its ur right to bail and mostly court will not refuse to grant bail
In non  bailable offence u can not call or claim bail as ur right, here it is discretion of court to grant u bail.

Thinking

I was thinking of bail petition.

A person acussed in cheque bounce case was declared proclaimed offender by court.
His relatives approached me as accused
 was arrested. I told them bail is not possible till 3-4days.
Then acussed was produced before court and sent to judicial coustody as thought by me.
He was after 3 days again produced and again sent to judicial coustody but this time i had thought of grant of bail.
He was remanded to coustody for 7 days.
Again now my focus started on grant of bail and images of grant of bail started in my mind  like my mind /head is a projector and my thoughts/whole pic of grant episode is being reflected over my forehead.
I expected grant as per my projector but denied bail.
Now little tense, what wrong has happened, although a counsel is to be blamed but why bail rejected, in this case i can not take legal responsibility for rejection as it was not counsels fault and neither of the court although acussed has suffered but for his own fault, with these pics in mind i kept on my thoughts and at last bail was granted by superior court.
So what is this????
No worries, every case teaches us. This case had shown that every time u dont get the desirable results...sometimes time will make us suffer. But that is part of our practices which will teach us every day and we must try to learn from these setbacks without thinking what will other think.

Now comes next.
A basic question now, from what organ does a person actually think, is it really the mind which think or some other part of our body.
Very ambiguous question, if i am thinking through mind than one fact and if through my soul and heart then its another fact, from wherever iam thinking what part of my body will provide accurate result after thought.
I assume we think by mind and soul and by heart. Now what is the difference in all, which part will provide accurate and beneficial result for me, so can we stop thinking.
still  trying to figure out how to get rid of this thinking.

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Lok adalat

Today cases are listed before lok adalat...cocept of lok adalat is not new even the code of civil procedure also provides for settlement between the parties....
The complete procedure about woring and process has been given in legal service authority act and the concept of compromise is now being accepted by public at large....even the government is taking all efforts for functioning of lok adalat.
Parties in a dispute before lok adalat gets full opportunity to present thier facts and every party is heard at length by lok adalat...both parties are made aware of benefits of compromise with help of counsels on each side.
After talks and compromise the terms of each party is drawn in writing and then final award is passed by lok adalat.
The order passed by lok adalat is known as award and is a decree of civil court.
The award of lok adalat is final and can not be challenged. The only way to challenge the award is a WRIT PETITION before Honble High court....

• The award passed can be implemented against opposite party if the opposite party is not obeying the award passed by lok adalat and the party who wants to implement the award shall have to file execution petition against opposite party in a civil court in a similar way which is used for executing and implementing a Decree of civil court......

Social insecurity

• I was in a marriage.  Went with known person. I was in my dress. It felt awkard, but i was there. People were starring at me not directly. I was being guessed by my dress. Pesesnce in dress in marriage, now started bothering me with negative thoughts in mind,🤢 i felt my behavior and started seeting my feelings to normal by making and showing myself to be busy with thought that near ones will not notice me and would feel that he is busy with his phone. So such behavior in presence of some known and unknown person reminded me off our courthouse as to when how and why this feeling of insecurity comes from within. Suddenly i fixed myself in a court house scene and things there are also similar, the environment  there is also similar but i with my physical  and mental  all efforts  trys my best to give my best.  But  sometimes  the environment  there is also otherwise  . So what could be the reason for this scenario and otherwise  environment  and why this  happens...reasons may vary...but first reason is my soul, i equate my soul with my dress in court house..i feel strongly that when i am in courthouse dress there is complete  change in my nature  compared to other situation...this belief i have developed  accidently and has now become my immense nature when in court house . when u are in perfect dress code it is sure that  50 percent of things would start going in ur favour. So why so much of importance  over dress code.  I have thought  it  many a times and it is a universal  truth  that our way of dress  certainly  changes the way of ur thinking  and  way the  people   think about  you. So it is important  to be in strict  dress code.  I have felt this thing  and believes  in the  same. It does not  make  us look awkward  in the court  house,  but we feel  confident  and this  complete   dress  code  does not differentiate  us from general masses to whom we owes our duty, duty to seek justice  for them.  So dress is nothing but everything.          Everything  existing and prevelant has its own unique qualities attached with it, we can not dare to foget the importance of anything. So i have to be in a perfect state of body and mind at a particular place for diminishing the sense of security and for uplifting our confidence.  So  importance  of dress code  can not be  neglected  and must be complied.

Everything is very easy

Apart from practice..today i am at my orchard looking after and managing my employees working therein. I have spent my whole day with them working in orchard rather spraying in apple orchard as some fungal infection is prevalent so doing a cover spray. Now its about 1 p.m and we all are working since 7 a.m, slowly n slowly its being felt that works other than farming is more beneficial and my profession is at least best suited for me, its easy to earn in my office than farming....but what about the labourer working with me.

They have no option but they enjoy doing hard work, is it their destiny. They never complaint, i haven't heard them  saying, not even once, never think what will happen next, no Sunday, no holidays.
But sometimes  get worried  due to bad weather, their faces sometimes worried; the feelings of fear generating from inside, i have felt this on their faces as if a new lawyer appearing in the  court but otherwise it is easy to earn money.
  
we all feel safe in safe and happy environment, we flourish day by day.

With each day in court room we learn and we earn, not money always, but daily by our acts and deeds we earn, we earn faith of people, colleagues, court.

With each day passing our deposits goes on rising and at last it has become easy for me to earn money.

But surprisingly why is so much gap between the earnings of two classes of persons, one is working under open sun and other one in office. Can we call it it destiny, no certainly not, than what could be the reason, i have tried dwelling upon this issue but the result is zero. Now being where we are we must feel, such position is a mark of honor and respect and continuing at such position is not easy to be kept, so money is easy to earn not the position which takes considerable time to earn.

one saying will always haunt the professionals that there is no school worth SCHOOL OF EXPERIENCE but the only pain is that the fees of the school is very high and consumes our whole life.

Little blunders

• Suit for recovery by previous counsel...defendant stated he is not sole proprietor..but is a firm....i was handed over briefs two years ago....and after some time i filed application for providing name address of other partner....defendant lingered on the matter and now smal small mistakes have turned out to be a big blunder...now the unnecessary instinct have started moving here and there to find out the just solution for the problem.....but afutile excercise....i know the ultimate fate of the case....but one thing is to remember...one must be very vigilant in cases that has been recieved by transfer from other counsel......that can be sometimes very painfull.....once a building foundation has been laid and is under construction .,...we have minute chances of amendment and least chance of completion of firm structure.....so avoid small blunders

How to linger on.

Ok notice through counsel have been sent. Ah what a relief, i have crosses on hurdle. Now have total 45 days for filing complaint.  Now i have 15 dats left for filing complaint, let it go i have more, other important things to do, now only 5 days are left for filing complaint, ok then what i still have time, now 2 days left, ok lets call the client, he is unale to come today heis our of station, oh no now what, after yelling out on client you people are dumb dont have respect for time and law.....so on..my pain self inflicted is at highest level....under such situation everything is going otherwise....still i managed  my emotion and with belief that lets wait for last day .....on last day client came....but to my surprise...the presiding officer is on leave for 10 days and powers have been vested to some other cort and that to at a distance of about 199 k.m from my office.    Every thing has just worsened.  Now another excuse, lets find out some law for condoning the delay and so on ......so all my mind and efforts are just for increasing my lingering on tactics and at last the results  are at the cost of my career.......so now i am doing things there and then without any excuse.....🤢🤢🤢

Why i am not sucessfull.

I dont have this thing and that also.  Ok, i dont know why i am in this position.                                                                                  I think despite talent, i am not sucessfull. I wonder what could be the real cause behind this. I keep on thinking why is this. Things are getting worse, my relationship with friends, family and society are on the verge of extinction, after these thoughts and feelings then comes a goodtime surely for a very little time, for such period  my all mental agonies are gone then again bad time has arrived, oh god why this again, my mind and body again goes into pain the mind has refused to listen to my command, now what to do, ok ultimately let this or that i am not willing  to think why this position. This state of mind is natural nothing much i could do about this i wonder in such situation i could have done something good to come out of this.  Now instead of finding a way out i  am again is trapped in some quick and unreal ways of solving problems but all waste of time now instead of finding concrete way to solve my problems i am again trapped in another and this continues. Now in  brief the main question is why i am in such situation and what is the real cure. In trial of cases what majority of lawyers do, they just proceed without knowing the exact problem and without knowing the exact cure. The accurate way is to find the exact problem and concrete cure. I goes to doctors for pain in my tooth, near hospital  i found friends of mine he suggested  me to have pain killer medicine for cure, certainly my problem has been confirmed  and exact cure is painkiller,  i will certainly get well in no time, to my surprise i got well,oh  god  after some time again same problems, again  i took pain killer,  things were same  for next week, my mind stopped  working, now what, things were worsening  and than ultimately  my  work colleague  came, inquired from me, saw the problem , advice me to go fo a registered  medical practitioner, i went there  he fond the real reason  and cure was found, things  were  sorted out...

Use of section 311 Crpc.

Section 311 is in two parts. First part use the word may and second part has words shall , this section gives wide discretionary  powers  to court and court may summon,call or recall any person to give evidence. The only thing court has to look is that the person person who is being called  his evidence must appears to the court that evidence is essential for just decision of the case. 

This time in my favour.

After final arguments, yes  this time verdict will be in my favor  but  after final order is announced against me, both hands are up in the air as if police has asked me to lift your hands.

Various reasons now floods my mind, hell what has happened, 
no that was the reason, no may be the judge has not correctly applied the law.
Ok not to worry i will set it right in appeal. By that time client has reached somewhere else.  Now other thought the client  itself was not wortthy he deserved what he got. These are some general thoughts.  But theme line is u have  lost a client  in present future and many other associated with him so what was the reason,  i was not prepared.  What happens  if i start my journey with an under maintained vehicle  in morning heading towards the court, there are strong reasons that like other  days i would reach my office in time without  any delay  but what will happen if i have some very important  case fixed for  evidence or arguments  and suddenly the vehicle refuses  to  move now what  in absence of non availability  of any alternative  transport mode , i am struck nowhere  even nobody to help me out. The first thought now comes who is to blame, no one its me who is responsible for ultimate  breakdown in absence of due care and prepration.....same is with trial  of cases if  u are not ready, not prepared and not cautious the trial vehicle will suddenly  get a breakdown  and no one except  u would be held liable.

How to calculate period for sending notice in cheqe bounce case

Section 138 of negotiable instruments  act provide that notice is to given within 30 days of the reciept of the intimation of dishonoured  cheque from the bank or within 30 days  of dishonour  of the cheque by the bank. The most important thing is that the first day will start after very next day of dishonour of cheque or reciept of intimation of dishonour of cheque by bank. The words of ,from and within used  in section 138 has same meaning and object and that is to exclude the first day of dishonour of cheque or intimation of dishonour of cheque by bank. So the basic  and general rule is always to exclude the first day and to include last day while calculating the time limit for sending notice under section 138 of negotiable instruments  act. The general  rule and principal have been  dealt by supreme court  of india  in saketh case,harundass gupta  case and ultimately in Econ  entries case in 2013.