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.