Friday, 3 July 2015

Legal Notes

I HAVE FAITH IN LAW, BUT WITH A DOUBT

Joan of Arch was ordered to burnt alive, you know why? For cross dressing. Being a girl & wearing men's clothes. A pretext. Court and law just misused. She was to be murdered anyhow and Court of law was just a façade.

Galileo Galilei, he was very old and brought into the court of law, forced to apologize. You know why? Because he declared that earth revolves around the Sun. His views went against popular views established by Bible.

Socrates, he was ordered to drink poison. Not by some criminals but by the Court of Law of that time.

Jesus Christ, he was ordered to get crucified, by whom? Certainly by Court of Law.

Bhagat Singh, he was ordered to be hanged till death, by whom? Certainly by Court of Law.


If you go through history , you will easily see that law has not served justice, law has served people in power, rich and sometimes public demand.

Law should be logical. Law should be above all these pressures.

But it is not. Many a times.
So I have faith in law but with a doubt.

Supreme Court has negated the mandatory use of AADHAR Card.
Now this is really something ridiculous.
AADHAR is the only "pakki" identity of an individual.
Instead of instructing the officials to provide these cards to each and everyone immediately, SC diluted its value.
WRONG!


I understand only one thing, footpaths are neither for driving vehicles nor for sleeping on, if anything happens wrong, both parties are culprit.
And in such cases if a vehicle driver is at fault, social system which gives birth to paupers who are forced to sleep and live on roads is culprit.
Hence of anyone is suggesting that only vehicle drivers like Salman are culprit is just finding scapegoats, is evading the real issue, is evading the solutions of our ill balanced society.
hope you get what I am saying.
Hope you get that I am not saying to save people like Salman.
Hope you get I am not talking Law, I am talking Logic.
I am not talking legally, I am talking socially.
I am not talking about Salman's case particularity, that is the duty of court to see the case exclusively.





"INTELLECTUAL PROPERTY LAWS, WHAT IS IT, WHEN HURT AND WHEN NOT"

Whatever you write, as you write you get the copy right.
Whatever you steal, as you steal, you are noway right.

The ones, who do not respect my copy right, I m NOT SORRY to say that I can not respect them, on this particular issue.

Simply I do not support copying other's writings or any thing, it is a theft on one's intellectual property.

You learn something from someone's writing, if it is somehow useful for you, that is great, all writing are for that purpose but it does not mean that U are allowed to copy paste other's words....

U can do it differently, use your wisdom, experience and re-write according to your understanding, that is okay.

Now, how much has been just copied or how much is re-used like a re-use of wheel in a car, that is a different story and that is why in the whole world court cases are fought over this issue.

And I am amazed, how difficult it is to make clear to my friends!

Patents, copy rights and trade marks are protected under intellectual property rights.

As a theft of any kinda physical property is considered a crime so is considered theft of intellectual property.

A few vital things are to be understood regarding these laws.

There is saying, "There is nothing new under the sun", which is right and but partially only.

Just take an example of a motor cycle, the technique of cycle, motor, wheel & iron casting etc is used in it, all already invented, still the appropriate use, aggregate of all these already invented things gives birth to a new thing, motor cycle, an invention.

Similarly, if you just copy paste something, without adding any value to the original text, you are infringing intellectual property law but if you give a twist to the original meaning, it is not a theft. An example, there is saying, beauty lies in the eyes of the beholder, then someone changed it as beauty lies in the eyes of the beer holder, see, the one, who twisted the first statement can not be called a thief, as the one has changed the whole concept.

Indian Flag and Flag of Congress party of India has much similarity but still as the central emblem is different, it is not considered intellectual property infringement.

So next time, my dear friends, if you steal or allege someone for stealing, kindly keep my words in mind.

Statutory Warning---- I am no advocate, kindly cross check my words.

Intellectual Property Rights--- 


Simply I do not support copying other's writings or any thing, it is a theft on one's intellectual property.

You learn something from someone's writing, if it is somehow useful for you, that is great, all writing are for that purpose but it does not mean that U are allowed to copy paste other's words....

U can do it differently, use your wisdom, experience and re-write according to your understanding, that is okay.

Now, how much has been just copied or how much is re-used like a re-use of wheel in a car, that is a different story and that is why in the whole world court cases are fought over this issue.

And I am amazed, how difficult it is to make clear to my friends!

What is originality, it is not re-inventing the wheel......it is making a new use of the wheel....fitting it in a cycle, car, aero-plane.....

Computer was an invention, of-course, but was it altogether something new, were not previous inventions used in inventing it?

Hope my dear friends will understand.....





Society is imbalanced and to keep that imbalance maintained all the law and all the police and all the jail houses have been created.





Best Fee pattern Offer to advocates ----


If a client wanna win a court case--what is the best fee pattern which should be offered to the advocate by him ?

If the client will pay the whole settled amount in advance to the advocate, the advocate may become careless and during the case period if the client wanna change advocate the excess payment gone may be a waste.

If the client will pay date wise,the advocate might be interested in getting more and more dates only ,the advocate might have no interest in getting the case concluded timely and he might also have no interest in winning that case.

If the client agrees to pay to the advocate a certain amount in certain installments for the whole case,that settlement also does not help much in keeping the advocate motivated for winning a case.Because advocate might take the installments on certain point of time and there is nothing which could drive hi motivation for winning that case.

What is the best fee pattern offer to keep an advocate motivated till the goal of winning the court case is achieved?

Please DISCUSS.



LEGAL SHIT----

The court room peons call the names of litigants on their dates in such a bad way that most of the times even the person standing closest to the peon fails to understand his own name being called

or

Else on every CALL visitors have to pay too much attention unnecessarily.

I wonder why not they start using digital LED display on the doors of the court rooms as are being used in restaurants to call their customers turn by turn ?

Installing digital LED display on the doors of the court rooms would make court visits of litigants somewhat less troublesome,methinks.

Plz. contribute.



Mine Tips to be Good Advocate----

1) Be acquainted with Sherelock Holmes of Sir Arthue Connan Doayle
And Hercule Poirot and Miss Marple of Agatha Christie
And Feluda of Satyajiy Ray
And Sunil of Surinder Mohan Pathak etc.etc.

Read them Watch them

2) Watch movies like Kasoor,Right yaa Wrong,CID (TV show) etc.--showing legal proceedings.

3) Watch feature films/documentary films showing legal proceedings.

4) Use secret camers, other videos-audio recording in your cases and RTI applications as much as possible.

5) Have long discussions with your clients,clients know the situation more than you,you know the law more than clients,hence discussions give way to winning,ask them to pay separately for long meetings as I pay my advocates for meeting apart from the fees settled for each date.

6) A calculator with recheck button is better that one which lack it,generally human beings don't use their recheck button given by default by the mother nature.Hence see every word of your opponent,they might have made so many mistakes which can be beneficial for you AND always make rechecks and rechecks and rechecks to correct your mistakes.

7) Use Yahoo Answers,rediff QnA,LCI,caclubindia.com,youtube,blogs etc. as frequently as possible.

One more point--

Devote half day in a week in rendering free legal advice to General people--you will be never short of business.

MY LEGAL TIPS----

If you can not convince someone then confuse him--this is a trick used by advocates so many times.

Advocates use this trick not only on Judges,opponent advocates but on their clients also.MY LEGAL TIPS----Mr Vijay m lawyer is doing wonders on "yahoo answers".Most of his answers are selected as the best ones.I am sure he is generating a good business also through yahoo answers AND I am amazed that such a giant legal personality is no where on "Lawyersclubindia".The answers given by him on yahoo answers could guide not only questioners,general people but practicing advocates also.

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