Fort to Court

on the way from Court, The Car stopped in the residential area near a luxurious home. Both of our seniors went in the home and then sanjay sir came out and said Anna wanted everyone of us (Juinor counsels) wanted to come in the House). As we walked in, an young guy was receiving us in, then I looked a little interior where I saw Periya sir, sanjay sir, and the owner of the house were closely watching something and were discussing among themselves. I was curious to go and watch it too but at first I dint. Then when they moved away from the spot,. I went and had glance over it. It looked like a waste dumping area surrounded by compound wall.

now I understood, the owner of the house is the potential client whose grievance is the the neighbour of his house dumbs his waste in the spot creating nuisance to his living.

Later we all went inside his house where we were treated with fruits, snacks and juices. Then the owner looked so depressed and concerned with his problem with the neighours who were dumbing their unnecessary things on his property and he said to us how in India people dumb things only on neighbour properties. Then sir diverted him of his worries and took his attention towards his family and his other personal schedule. He told he travel to places often. HE told he had been Singapore recently twice and he visits Yoga classes reguralry in the morning and added, He has free time to do this unlike lawyers. Then he talked about his daughters and other stuff. then we took our departure after assuring we would take care of his problem

On the way back again in the car, Senior sir asked me If I knew who he was. But before asking such question I heard periya sir and sanjay sir discussing how even Article 226 of the Indian COnsittuionnn itself was settled only because of Him (The house onwner). I apparently felt puzzled as to which context they were talking like this. Then periya sir was talking about how zamindari abolition system is very different in Benagla and Tamil Nadu.

I answered NO. Then pEriya said to me. He is Maharaja of Orissa. I dint know I should feel shocked or feel confused or feel bemused. Becaused all I knew was I was talking with a funny man who was complaining to my senior that his neighbour was dumbing his dust particles (that too at his back side of his house) at his property and he wants a lawyer to fix it. fine He is a maharaja he can afford to fix a lawyer to fight anything after all but guess but after what my senior would have commented about it!!!!! J

Anyway He said he would come to office, and it seems He has determined to taste the smell of Court to seek justice. He is welcome here!

Master Genius

Master Genius

I was sitting in Court Hall 39 so proudly; waiting for the Judge to arrive, because, today, I had come earlier to the Judge who always finished the list before every time I reached his Court Hall to appear for my case. He even addressed me a latecomer once. I gave his assurance once I wont come late again but I could barely keep my words there again. However today it was an unusal day and 5 and 27^th items were ours. Both were second appeals which alone comes in this Court. I opened the bundle of the 5^th item for the first time, just incase, to know the brief facts, of the case to defend if situation arise, though I knew I cant take the risk of arguing on matter I had least knowledge.

The judge came I wished and tried made myself as conspicuous as possible. And when the 5^th item reached I was so happy to make my presence felt before the Judge and though my intention was to get an adjournment date, I never excepted what was coming! The appellant side (the other side since I was representing the Respondents!!) were ready and began arguing but not in a full fledged manner. He started setting out the facts of the case. I did have some objections which were entertained by the Judge who by now almost, I believe, had started considering me as his pet. I did wait for a moment to message my senior to inform about the happening. But since my senior didn’t arrive immediately, the matter was posted for some disputable facts which were to be clarified. (so obviously there was no causalty to the case). I then went to an another Court to look after an another matter

I, unexpectedly, receive an SMS from my senior reading He is in Court Hall 39. I rushed like a mad dog to Court Hall 39 and what I saw was unbelievable. He apparently was arguing the 5^th item (SA 25 of 2005 ) and I was astonished when he was explaining what the case was about, the issues and the substantial question of law involved. I am astonished because. The second appeal affidavits are usually prepared more than a year before since it take such a long time to reach and just by remembering the name of the parties name he remember everything and was arguing on the matter and when I rushed in the Court Hall, he immediately asked me for some papers, I thought he probably would need to refer the bundle to refresh his memory but, adding to fun, he took a map from the bundle, and he showed it the judge to substantiate his arguments and to supplement it. Besided he immiediately he said how the lower court decided against the appellant not on any grounds but on the reasoning that the appellant should not have filed the appeal at all which my senior added saying it is in so and so page number and he immediately pointed to that page number only when I saw him referring to the bundle for the time, from then began the argument which went on for the next 2 and half hours atleast but I did not have the fortune to continoiusly watch the argument sicne I had to leace the court hall in between again and again to go check the items in other court hall.

Finally when the arguments were ouver, the Copurt officer told me the Judge would defintitley allow it. J

Born Independent

Wedded to the semi glorious and saga of the Past and still being in love with dreams about the Future. Caught among the Bitches in Heaven. Glimpses of smile I see more in your eyes than in your lips as I sail across the weeks wondering If I will ever see you. Striving every second to obey the words of mantra which can never be bought, and awaiting somone who can quench my insatiable craving to break the spell I am under, Life is rising me high as I am turning a year older on August 16.

I am Born Independent!

ICU - I dont Care U/nit

A electric short-circuit in the air-conditioner kept in the intensive care unit (ICU) due to its poor maintenance by workers in the Hospital has cost the lives of two unfortunate patients. The malfunctioning caused dense smoke due to the fire which broke out and the patients seems to have died of aphyxiation. A doctor from the Hosptial, taking a defensive stance, suspects the patients could have died for their own health reasons since the those who were killed (5 other patients were safely rescued)were removed from "ACCIDENT" (word used by media) scene by the fire service department at the earliest, neverthless, they had died unlike other 5 patients who dint.
Besides, the reasoning of the doctor being usual and stupid, what I find funny in this scenario is that such an "INCIDENT" ' has been let to happen' in Intensive Care Unit where it is supposed extra care and precaution is taken to give to provide additional safety to patient.
I am not just shocked but wrenched. My sympathies for the bereaved and am I am afraid to even think the distress the patients might be facing in general ward since now that its proved time and again how safe the most-safest-to-be place for patients in a hospital is?

Who to be blamed?

Dazed and confused

It is this kind of situation which if you had not prepared to act upon, then better be prepared to face the seious impaact it can cause. As usual I was always assined 3 courts halls which were court hall 21, 23 and 24. sometimes Items appear in Court hall 22 as well. This is all my Jurisdiction.
Today, I needed to rush to Court hall 24 the very second I reached the High court campus because our Item was listed second and I had to appear. I dint even have the time to wear my suit and gown, so i had to do it on the way to the court hall running. I felt proud I reached the court hall in item because at the time i reached the court hall 24 item 1 was being called and my item was next. i appeared and reqrested condonation of delay and was allowd but that is not the issue.

By the time I came to car to take the other bundles which were reaching in other courts, I came to realised that it alreadty reached and were adjourned for non representation. I felt terribly horrible. Sanjay sir (senior) was so upset and i could see him controlling his anger and asked me to buck up. Periya sir, on the otherhand, who though was upset, was calm, however, stictly, told me a lawyer should never abandon a case at any point to time mo matter what the situation is.

the good thing happped today is when i told KVJ when my matter came that i dint read the bundle, he told that i should be allowed to argue. and he also personnlywamed that i was cap9able of arguing , so i shol dnot asl for pass over but shoudl reather argue myself

I m feeling sleepyn now

will edit and add more in the editited version tom smetime












































































































m

No pass over, you have to argue" Its the exact words something i'd expected KVJ would say if my senior would not come to the court hall by the time the Item reaches.

mark zukerberg Facebook litigation milestone

salary short temper writ section avinash

Defining Perfection

Harish Ragavendra, a wise friend of mine once told me “There is no road to perfection because, perfection perse is a road”

Since the day I joined as litigating junior lawyers in my office, its my 4th day. One of my Seniors asked me to appear (not argue) for 2 cases before Master Court. I managed but in the second case I realised I dint even know for which side I was representing, instead I was repeating before the Judge what my senior had told me. I obviously felt very embarrased.
The next was before the Chief Court itself. It was the writ petition. The Hon'ble Justice could not hear or may be I was not loud enough. The latter sounds plausible. The case was dismissed against us for no representation. Ironically I was very much there before the HOn'ble Justice and repeatedly saying "Yourlordship I am representing the petitioner" and the next thing I hear in chorus from half of the lawyer community present from in the same court to me was "Sir, represent, represent, he is writing the judgment"
SOrry I dint which side to look at, I repeated an another time, and I wanted to add more but I was not heard "audi alterm" my natural justice principle was violated :)(pun intended) and I left the court as a angriest man and just before that Anand, former chairman of Law school of Excellance, Chennai whom I got introduced to through Prof. Vijayakumar, then my professor of Constitutional III, now VIce Chancellor of Universal Law college, chennai, met me and explanined me the whole procedure of representing before the COurt. Then I thanked him and took a leave with no sign of my agitation getting any lessen.

I kept thinking how i messed everyhting whole up.

But it was Harish raghavindra's wise words that brought my cool back

patti

Here I am

Another parting that heart didn't want to have; auspicious grandma's blessing with touching of her sacred feet; with resolve to make more of her dream come true than mine and for once for all to give my final and genuine but permanent best to Dad's expectations, here I am, just arrived to start my journey again... fully loaded with fuel of hopes and confidence so any failures of bump rides can hardly cause me disappointment but it would certainly further actuate the motivation of entertainment for my success.

Code de Blackberry

I myself couldn't solve the mystery of my continuous admiration for the official caller tune of Blackberry. For someone like me who is both averse listening to any official caller tune for more than a week and who keep changing his caller tunealmost thrice a week with his fav song, using the Blackberry tune for the last 5 months was quite a mystery.
I was so proud of myself and happy and self-congratulating to have found the secret code which make the tune sound "as fresh as it did in when it sang for the first time.
I thought it was just a caller tune. During sleep, many a times I had woken up to realise it wasn't my mobile singing but something similar to caller tune but ending incompletely abruptly opposed to Blackberry which would go a complete repeated circles hitting various notes.
The composition was the only difference, the voice was the same. Both were sweet. The shorter version was authentic and natural. Its turns out today as rush to mobile the secret is the best natural singer on earth Cuckoo.

It's worth waiting for

I could not erase the memories  off my mind about  India's sad loss to Aussies twice in the 2003 world cup match. The excruciating experience was to watch the little master,  despite his brave and gallant exhibition of sportsmanship, struggling not to succumb to his knee sprain on the second match, the finals with Aussies. He scored astonishingly 99 runs which was the oasis of hope for the team India and his expulsion came as the biggest relief to the Aussies who celebrated it so loudly. Once the giant fell, the Aussies took down the rest of the team India in no seconds. This is such an embarrassment for the Indian team. It can't always depend upon one man to win a match, let alone a cup.

I watched the little master's each and every of his move, executing every short with excellence and perfection. After he got out, the rest of the Indian team diligently followed its tradition in discipline by losing their wickets in quickest span. Aussies with fast and well professionally trained bowlers like Lee pulped the Indians out! The fall of wickets was bursting of water bubbles. The indians were totlaly at the mercy of the Aussies. It also made me think of kid playing a video game of football first time not knowing what the game itself about and without reading instructions. The team looked that stranded. The result was so predictable. 

Defeat, well, is after all part of a game. I don't say, the Indian team should never have lost to the Aussies. But even a defeat should be laudable and it can be only if there was a true fight with sincerity and responsibility and should not be like at the mercy of your opponent. 

Having witnessed the loss in the 2003 world cup, as a fan, I was devastated. Literally my life became terrible the following few weeks. I could not relieve the worries off my mind. The impact was so severe that it almost ate into my daily life. This is not the first time I am experiencing this. I infact had watched lot of such matches earlier. Therefore I seriously considered quit watching cricket and yes I did. Since there-after every time I heard the news about how badly the team India performed, I felt like I should the last one to worry about it as it no way affects my life. It was like hearing a headline news of a news paper and you forget it the next minute.

But to admit, I was once a crazy cricket watching fan, mainly because of the little master, but even that times the team India had always kept frustrating me quite often by their spirit less game. But now, its almost 8 years almost since I quit watching cricket and I am not bothered anymore if India wins or loses in the Cricket. Lately I come to learn the Australia which has thrashed us many times been given the taste of its own poison. The little master scored half a century against them while alongside creating a world record by scoring highest one day international runs. This winning takes India to the semis where they would meet Pakistan and the same gonna be a epic.

So for all these years, it's worth waiting for without watching a single match and I feel proud now to watch Indians reaching the stage where I believe they will be acknowledged as the world class professionals! Hopefully..  [And they did - edited on 11-04-2013

Justice postponed. (An open Letter to Bar Council of India: dated 7/3/11) sent via G-mail

The All India Bar Examination (AIBE), since its inception, has been perceived as an evil arm of law which if was not nipped in the bud could put the entire career of fresh law graduates of year 2010 into Jeopardy. The reasons adduced are just so many; some raised the contention that AIBE takes away their fundamental right to freely practice profession of their own. I guess they mistook the word “Bar” used in the AIBE. All these graduates required was to pass the AIBE and get a minimum pass certificate from the Bar Council of India (BCI) and continue with their profession. No body “bar”s them from practising itself. However it is quite curious that the exam applies only to the legal profession and not to medicine or any other profession. It also leads to question of why the legal profession should be targeted. Also has not a law student certified to have attended minimum number of classes and secured minimum marks in all the law subjects before he was conferred a degree and passed out as a graduate from his respective college, then why is he discriminated against a medical or engineering student? This question is answered in the object of the AIBE which states that it is to raise the standard of the Bar! However this answer begs the question; that is if one has to raise the bar, why conduct AIME? Ideally, - improve the quality of the standard of the law colleges which is, in practice, very poor in quality, as compared to other streams.

The aforementioned cumulative reasons may have led to a series of protests in the forms of PILs in individual High Courts, strikes across India, ever since the notion of AIBE was introduced. But later, all the cases were transferred to the Supreme Court which finally upheld the AIBE. When the AIBE was to be implemented, a new wave of protests arose because it made it applicable to the law graduates of batch 2010 who had already started practicing but were forced not to appear before any court of law until they clear the AIBE and other reason that could be validly presumed from is that they also found hard time balancing the time between preparing for this new type of examination and their profession(Later the students were allowed to temporarily appear subject to some undertaking and was liable to be suspended if they fail in the AIBE) as it was quite late to make it applicable upon them. Since the whole idea of AIBE was completely novice, an average student was unprepared to face it, with insufficient time to prepare for it. The BCI might have had thought about it; it postponed the exam from its originally scheduled date of examination , i.e. December 5 to March 6 which though might have given sufficient time for those who needed time to prepare, it failed to impress those who hardly considered this exam as a tussle, yet, the latter had to bear the incidental cost of such postponement whereas those who were protesting against AIBE became silent after postponement date was released, let alone those who had twice travelled all the way from London just for the heck of giving this AIBE, thereby incurring the flight expense up and down personally only to realise that AIBE was not happening, on First time because the BCI postponed it, the second time some minority few were not interested so they boycotted and the exam had to be postponed again. One such victim whom I knew personally was helpless worrying if he should come back the third time for he was not sure what other unexpected event would happen!! A person with a promissory note as proof entitling him for amount of even Rs. 10, 000 against other has a right to sue in the Court of law. This person has lost more than a lakh for no good and it is directly connected to the fact of conducting AIBE. Who should be held guilty?



The appropriate reading materials to prepare for AIBE has been supplied and in which it is implicated the question paper for the AIBE would be set from the reading materials only. A model question paper which can be downloaded online from the BCI official website is highly helpful regarding this matter. There was also sufficient time created to study those materials. It was declared the exam would be an open book type meaning any person could bring any material except electronic device. Despite, English being a necessary and important language for a student of law, relaxation was nevertheless made for the purpose of the AIBE to write even in a vernacular medium, i.e. Tamil. From December 5 till to March 6th , there has been silence and no protest and every one was presumed to have been acquiesced to the idea of AIBE and was preparing for the same but Just before the Exam was about to begin, I see a handful of few delinquent students (I helplessly use this term) amongst whom there were older than middle aged men too, abruptly started making ruckus shouting slogans, which I had seen only during events like election rally, also some tearing the students’ name list put up on every class doors (for them to identify their respective rooms allotted for their exam), while some threatening to pull any student out and beat them up if they dare enter into any of his or her classroom to write the exam. I don’t understand why? Their only justification for doing this was that AIBE has no legal validity.

AIBE may or may not have legal footing but it is true AIBE as an idea was envisaged, was made in to a workable law. There was protest et all but it is all over. It is true, AIBE was conducted all over India on March 6th February, 2011 and law graduates of batch 2010 from all over India wrote this exam at their respective centres, except here in Chennai. And it is also true that the majority applicants for AIBE who were at the examination hall were ready to write their exam but could not. Whoever behind engineering the thought that by boycotting, the AIBE could be scrapped have clearly not applied their mind and have acted keeping in mind the short end goal alone which has only kicked us back in the form of examination being postponed to march 27th. Now because of some minority few, the whole batch of lawyers are made to carry forward this hangover of AIBE for another month whereas whoever who wrote the AIBE in other part of the country rejoicing all over India of being relived of the AIBE shackle. It was a forlorn hope for those who thought by boycotting, they could make BCI scrap the AIBE. These people, doubtlessly, have either had no brains or not applied their mind. How is that possible? Assuming BCI agrees and scraps AIBE, would the lawyers who had just given the AIBE across the country be quite? I foresee a much worse situation - An Inter-state violence fostered directly by the very idea of AIBE, in which case the very object of AIBE, i.e. to raise the standard of bar would bite the dust.

Even I was against the idea of AIBE when it was proposed to be implemented just like many other were across the country, especially the manner in which the BCI was experimenting with it. But the AIBE is not a draconian law to be taken that seriously also. The fundamental right to express doesn’t entail one to express his or her rights anywhere and anyway it suits him, especially when such exercise by a certain few would impose heavy cost upon others. The boycott of AIBE on March 6th by a minority few, being watched haplessly by the rest, is the most irrational form of exercise of freedom I have ever happen to witness in my career. If a handful of few want to boycott the AIBE why others who have genuine interest in the AIBE should suffer? The irony was that the very same people who had engineered this boycott; they had full support and protection from the police who were suppose to thwart such deviant behavior. And what is the guarantee that such thing will not be repeated on March 27th and if it repeats it is the BCI which should be primarily responsible.

I seek instant remedy. BCI has to be a little more serious about the lives of the lawyers who wanted to practice litigation with no unnecessary worries other than that legitimately concerns our profession. I was hoping, March 6th would put an end to everything, but a minority few with the temerity that no body would question no matter what they do ( the inaction of police stood testimony to that) coupled with their callousness about the serious repercussion that would ensue with respect to the others’ career, have boycotted the exam. Please do realize that BCI is not a science lab and lawyers are not Guinea pigs. Therefore

Merely postponing this exam would not be the remedy to it. It won’t help prevent events like what occurred today from repeating. I, on behalf of the majority who are interested in writing the AIBE, are not prepared to suffer further because of state’s potential inability to conduct the examination scheduled to be held on March 27th in a peaceful manner. On March 6th, the local police were so minimal and hence proved useless, irrespective of them supporting culprits through the whole event. So we expect the BCI to be proactive about this issue, we need assurance that there will be adequate and guaranteed protection to ensure that the AIBE will be conducted smoothly and successfully on March 27th. It does not matter even if the security necessary is as good as it is necessary to conduct a mid-term assembly election. The state won’t lose much in the exchequer for appointing an approximate of 200 police personnel at each center for 4 to 5 hours for the security. Our professional lives are at stake. It is BCI which came with the idea of AIBE, so morally; the BCI should be responsible for any negative effect of that we are made to bear with. Postponement of AIBE is definitely a negative effect. Now it is up to the BCI to decide how it should be done and to prevent any further consequences that would otherwise bound to arise out of the conduct of the very same who cannot be dealt based on logic and reason.

PiRanha bites ThE dUsT.

A very popular international rock band, such as "U2" is bound to have a billion fans following them around the world . Still I doubt if all the songs composed by such a popular and a highly successful band would be inviting to listen to them repeatedly. Let me assume, except say the die hard fans, the rest of us would be content with listening to the selective list of songs alone so it is less probable one would remember all their names, lyrics much less the music itself. This become more peculiar when comes to bands like Hoobastank, 3 doors down, and alike.  (I call these bands one song hit bands since these bands are identified by their single hit songs than by its own band names).

why I say this is because, it is easy for a local band to steal a piece of music composed originally by the said bands and still get away without getting noticed due to the reason i have mentioned above.

Lounge-Piranha, I admit I am a big fan of yours. But I never expected you would cross the ethics line of music by ripping off the magical and fabulous riffs played in the song "Exit" by U2. Relatively the whole latter part near the end of your  song "Hand Hole", which went on to make a revolution in thousands of heart including mine and which I would perceive to be one of the best Indian English rock songs I ever listened to, has betrayed me!!. In my opinion, Piranha has a soul, life, talent, energy, creativity and all that takes it to produce a perfect song. The uniqueness I admire in you is your creativity blended with perfection poured into the soul of music but the 2 chords riff, which forms the foundation of the song "Hand hole", is not yours. you have stolen it. Hence, I totally feel you failed me, you failed your fan and ultimately you Piranha failed! I would still listen to you...

So this is it?!!

So this is it? This is all that, till date made me act like a weirdo justifying it all on reasons like exam, music, break (to decide to what step to take next in my career like whether to do pursue higher studies, or go back to join the same office or a different one etc and a few other options. my conduct in the last 3 to 4 months would constitute worsest behaviour of all my time and I would never ever want to recollect it. I lost so many/much things. I did so many crazy things. I met people whom I never want to meet again. I encountered certain incidents which I hope should not occur to anyone of my type. But I guess I gained valuable lessons from it. I learnt lot about practical lfie and I know I have a long way ahead to learn more about life and till now I have had always been a book worm (not that I always used to read or something but I prefer this word only to mean I have realised How gullible I am bout the practical world And I set to tackle this most "important" problem".

Well where am I? So this is it? yeah! so I have come to know I was acting weird. Trying to enjoy and experience whatever I could. (This idea was so stupid and I should not have thought that way in the first place but I did, now let me have no regrets). Anyway everything have turned out to be good, and Facebook Paul Octopus might be right (though I dont give much credit to this kinda stuff, let me give this time; after all it would only motivate me work harder which will only increase the likelihood of success!)

I think whatever happened was happened for good. Am ready to start the journey......