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how a registered sale deed can be cancelled

  Where a sale deed is executed and registered and the intention of the parties are clear that title in property would pass upon the paying ...

Saturday, 13 July 2019

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......

Thursday, 20 June 2019

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.

Tuesday, 28 May 2019

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.

Friday, 24 May 2019

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

Wednesday, 22 May 2019

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...

Tuesday, 21 May 2019

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.