Teehee

Nair's got that opium injection feeling again.

Took a while. I was worried I'd lost it forever.

A peaceful, still courtroom in the High Court. Cases taken up slowly and easily.

And all that hard work paying off. Answering the judge's questions confidently and appropriately. One tends to underestimate the amount of hard work that goes into these 30 second presentations, especially when looked at from the outside.

It really is the best sort. Crisp, brief and you bow out of the courtroom clutching what you've got and thanking the lord it wasn't one of the judge's off days.

Its sooooo much better to be lucky than good. I swear.

Doesn't matter. Nair's made both his bosses happy. They were both a little panicked before the start of the day.

And now Nair is strutting the halls of the High Court. Indulging in the one thing money can't buy.

Swagger. Heheheheehheeheheh. 'tis time to iron that coat and look the part again.

And in other news Nair now knows the best place to buy Sathukudi juice outside the High Court. Little treats one must have, no?

I think

That stupid gym needs to start up again.

It keeps me happy.

Is big difference from last year. Here I am twiddling my thumbs waiting for their refurbishment to finish.

And becoming fat. Oh, so fat.

Any excuse

to feel nice.

These judgements are my little works of art. Is how I see 'em. I happen to know the effort that went into them. Even if, at the end of the day, a lot of this is down to luck.

It keeps me happy. Makes me feel like I'm putting a foot forward on that long road with the dream at the end.

It helps.

Its hard. The whole world is moving forward. I see people getting married, and I instantly think to myself..."I suppose you have the job security to think of such things". These fancy jobs, and the money...oh the money.

Its odd really. At the same time I look at the things they do, and the things I do, and my goodness the work I do is so much more interesting. By some distance, it really is. And harder, I think. Shouldn't I be paid more?

Bleh. Wasn't as hard to say as I thought it might be. Really. Its more important to pay me than you. It really is.

How presumptious of me, I know. Perhaps you must be paid more simply because you don't do what I'm doing.

I've just become acquainted with this facebook phenomenon. Is how I've heard of it anyway.

Bar and Bench.

The facebook description says, among other things:

Whether you work for a law firm, a Legal Process Outsourcing company, a non-governmental or public interest organization interested in legal/policy issues, or whether you serve as an in-house counsel, a judge, a legal academic or a non-lawyer who routinely deals with legal issues, we understand that keeping abreast of legal developments in India and around the world is a critical aspect of your professional life.

Neatly excludes me then. And no, law firms don't include me. Not when your type uses it.

Bar and Bench has very little about the Bar or the bloody Bench. (On another note, must blog about that scumbag fake pious judge yesterday). Symptomatic really. It just isn't on the radar. Of these people anyway.

India Inc. makes me sick.

And here I am, desperately hawking my soul to anybody who'll buy it. Is it worth it?

Oh well. Maybe I will make it at the Bar. I've got more stuff on my plate now. Its really nice. I've gotten used to the consumer courts and can do most things there. Its comfortable. I was there a couple of days back and a lot of people noticed I'd been gone for a while. I know what I'm doing. Its a nice feeling, yes? The High Court isn't so bad either.

Except for the chap who said "Oh, didn't you apply to....", from chap with the law firm job.

"Yes, I did". Smile through clenched teeth. I'm here to do battle, sweetheart. What're you here for?

Arrogant. I know. But I've to let loose sometimes. As I said, its hard living a life where everybody else is well, I wouldn't say moving on to bigger and better things...but making so much more money. And yes, that matters.

Pride is all I've got. Nair has WON both his cases so far. Others ongoing. Its a one hundred percent record. Bloody hell that's something.

Oh and...just so you know, where I come from, where I've been and where I'm going, having an LL.M. means nothing. So...stop advertising it, please.

Chip & Dale Associates boast a strong watchamacallit practice group, with one partner and five associates, three of whom have completed master's degrees.

HA, HA and HA.

Bleh. Such a bitter post this is.

Chuckle chuckle.

SCDRC at Hyderabad

CC. 34/2007

The Complaint is filed against the opp. party seeking direction to accept and recieve balance sale consideration of Rs. 26,18,017/- and deliver possession of flat No. 512C Miyapur village Serilingampally Mandal, R.R. District and to execute sale deed in respec of the flat and also to pay Rs 50, 000/- towards compensation for mental agony and hardship.

The brief averments of the complaint are...

The opposite party has filed counter stating....

(I simply haven't the patience to put it all down. Half these judgements are just ripped off from the pleadings. Its boooorrring)

The points for consideration are:

1) Whether there was any deficiency on the part of the opposite party?

2) To what relief?

Point No.1: The facts not in dispute are that the opposite party allotted flat No.... for a consideration of Rs 3, 80, 000/- inclusive of amenities charge, VAT, Service Tax and Corpus Fund and the Complainant No. 1 paid in advance of Rs 20,000/- through cheque bearing No. 335415 dated 28.12.2005. Both parties have relied upon the terms and conditions mentioned in the receipt and agreement of sale. A perusal of the receipt Ex A1 dated 28.12.2005 shows the mode of payment of the sale consideration by the complainants and it runs as follows:

Payment conditions:

50% from 20 days date of permission

10% after casting respective flat slab

25% after brick work for respective flat

10% after plastering for respective flat

5% after flooring for respective flat

2.5% is charged on default payment

There is also no dispute that the terms and conditions mentioned in Ex A1 are modified when it came to the agreement of sale which was marked as Ex A5. The mode of payment of the balance consideration as mentioned in the agreement of sale as follows:

2(c) The balance sale consideration of Rs 26, 18, 017/- shall be paid by the Purchaser in installments to the Developer as detailed below:

i) 50% of the total flat cost including the Token advance amount and part payment should be paid by the Purchaser within 15 days from the date of this agreement i.e. Rs 15, 40, 010/-.

ii) 10% of the total flat cost should be paid after completion of the slab work of the schedule B property i.e. Rs 3,08,002/-

iii) 25% of the total flat cost should be paid after completion of the brick work of schedule B property i.e. Rs 7,70,0005/-

iv) 10% of the total flat cost should be paid after completion of Plastering of Schedule B property i.e. Rs 3, 08,002/-

v) 5% of the total flat cost should be paid after completion of Flooring of the Schedule B property i.e. Rs 1,54,001/-

vi) The purchaser shall pay the amount equivalent to 50% of the total flat cost within 15 days from the date of the Agreement, failing which, the developer reserves the right to cancel the sale agreement at the option of the Developer or new price will be applicable or the interest @ 2.5% per month will be levied on overdue amount.

The legal notice got issued by the complainants under Ex. A6 also contained the terms and conditions mentioned in Ex A1. Therefore, there is no hesitation in stating that the payment schedule in regard to the payment of balance sale consideration has been modified from the time of execution of Ex A1 to the time Ex A5 issued. The opposite party contends that the modification of the terms was in favour of the interest of the complainants and other allottees and the modification was to be carried out only at the request of the allottees. The complainants also under Ex A5 acquiesced to the modification of the terms and conditions and in token of their consent thereof, they paid an amount of Rs 4,42,002/- on 7.10.2006 through cheque drawn on HSBC Bank. Therefore so far as the modification of the terms of the contract is concerned, there cannot be any dispute between the parties in regard to mode of payment of balance sale consideration. In fact Ex A5 was executed by the complainants and the opposite party as well.

The question to be considered now is in regard to the execution of tripartite agreement and payment of balance sale consideration by the complainants to the opposite party and also the plea of cancellation of allotment of flat by the opposite party. The complainants had paid an amount of Rs. 4,42,003/- till 7.10.2006. The counsel for the complainants had submitted that the tripartite agreement was executed by the complainants, the opposite party and IDBI Bank. Whereas the learned counsel for the opposite party has not agreed and submitted that the tripartite agreement was executed only between the complainants and the IDBI Bank even though the name of the opposite party was mentioned therein. However, a perusal of the counter filed by the opposite party shows that tripartite agreement was executed by the complainants and the opposite party and the IDBI Bank. The original tripartite agreement lying with the bank has not been called for either by the Complainant or by the Opposite Party. In light of the admission in their counter by the opposite party that they signed tripartite agreement it is held that the tripartite agreement was executed by all the three parties, the complainants, opposite party and the IDBI Bank.

It is the contention of the complainants that in view of the tripartite agreement, they were under the impression that the Bank will directly release the amount in installments according to the payment schedule. It is the contention of the complainants that payment schedule was to be furnished by the opposite party to the bank and the opposite party denies the same. A perusal of the conditions of the tripartite agreement Ex A4 does not show any responsibility cast on the opposite party to furnish the schedule to the bank. The complainants submitted that the sanction letter was issued by the IDBI Bank and hence they felt they need not do anything more in procession payment of the loan amount to the opposite party. IDBI Bank issued revised sanction letter under Ex A3 requiring the complainant to execture Home Loan Agreement and other documentation, create security and disbursement of the loan would be made against the registration of the property and a period of 60 days was stipulated from the date of Ex A3 stating that the offer in Ex A3 would stand cancelled within 60 days provided conditions therein are not fulfilled by the complainants. In terms of the revised sanction letter complainants were required to produce the documents as mentioned therein. Therefore, it cannot be said that the opposite party was responsible for non-release of the amount by the IDBI Bank. This fact further established by the admission of the complainants that due to interdepartmental administrative orders, IDBI Bank sought the registered sale deed. The bank had insisted on requirement of production of registered sale deed by the complainants. In the circumstances it cannot be said that there was violation of the terms and conditions on the part of the opposite party as far as the tripartite agreement is concerned. Unfortunately the IDBI Bank which is one of the parties to the tripartite agreement was not made party to the proceedings. However, in light of the admission by the complainants, it was incumbent on them to fulfill the formalities for release of the loan amount by the IDBI Bank which the complainants had not done.

By virtue of the tripartite agreement, the opposite party cannot contend that on default of the complainants in making payment of the balance sale consideration, within a stipulated time it had cancelled the allotment of their flat. It is clearly mentioned in Ex A4 that cancellation of the flat cannot be done without obtaining 'no objection' certificate from the IDBI Bank. There was no no objection certificate obtained by the opposite party before raising the plea of cancellation of the flat. So far as the payment of balance sale consideration in respect of the flat is concerned, admittedly the complainant failed to pay the amount within the time fixed there for by the opposite party. As aforesaid, the default committed by the complainants in payment of the balance sale consideration does not entitle the opposite party to cancel the allotment of theflat. Therefore the opposite party is liable to deliver possession of the flat No.... and execute registered sale deed in favour of the complainants and at the same time the complainants cannot shred their liability for not having paid the balance sale consideration in time as stipulated in the schedule which certainly caused loss and hardship to the opposite party. Therefore, the opposite party is entitled to the interest @ 9% p.a. on the balance sale consideration of Rs. 26,18,017/- from the date of default committed by the complainant, i.e. 28.11.2006.

In the result, the complaint is allowed directing the opposite party to deliver possession of the flat No... and arrange for execution of a registered sale deed conveying the undivided share of 79.32. sq yards of the said flat within one month from the date of receipt of amount of Rs 26, 18, 017/- with interest at 9% p.a. from the date of default i.e. 28.11.2006 till payment by the complainant. In the circumstances there shall be no order as to costs.

On another note

First McManaman, then Owen and now Alonso.

Why do all my favourite players end up being less than Liverpool red?

Its like me picking them as players I'd want to be is the kiss of death.

Sheesh.

I loved watching Alonso play. Probably more than the others. What a pity.

:)

After all the brooding and sulking yesterday Nair's feeling wonderful today.

Word is Nair has won his other big case. The one he was flown specially to neighbouring states for. And its not like his last victory which was a bit empty. This is an actual victory. With money and all.

Construction dispute.

Its been appealed against. Ofcourse it has.

And Nair's secretly hoping the case doesn't get settled. He would. He wants to be flown to Delhi now.

I'll see if I can put up the judgement. I would want to, wouldn't I. I hope its a good one. I'll get it on Monday.

Cue parents and grandparents saying stuff like

Why so desperate to get out? You should stay here, and make a name for yourself. Life is so much easier here. Apart from having a name your life will be terrible in London.

Yeah. Maybe. I dunno. Some other time, when I have the courage to face that issue I'll talk about it, I suppose.

But for now, its a happy day. Its also BILLING TIME!!!!

WHEEEEE!

That said this be conversation in office

"Uhhhh...sir, did we touch up the judge for this?"

"No. We didn't. Our Hyderabad guy would have called me otherwise."

"So we( Meaning me!!! Oh yes!!!) did this on merit?"

"Merit sir? What merit? All depends on the judge and his mood. You've seen how it is."

He's right. Its more important to be lucky than good. I've been reasonably lucky so far. Nair is two to nothing, with a hundred percent success rate so far.

One way or another, I suppose. I stopped caring if I deserved things long ago. I'm just grateful.

Sigh

I've been working hard. I know that much.

But I wonder if its getting me anywhere at all? I'm trying to keep it up as well.

You know they say, excellence is a habit, not a goal. Well I'm trying to make it one. But its so hard to keep it up. Its so much harder when it goes unappreciated. Where everybody pats themselves on the back for work you did. Sigh.

Sitting and critiquing my work. Decorating the Christmas tree when I'm the one who chopped it down and put it in the room. And then deciding to do this and that with it.

Come deadline day it will be back on my plate. And I will burn the midnight oil to save their blushes and then what? Fade away, while they sit and exult over how wonderful they are.

I suppose its called teamwork. Sigh.

I can't do this.

It boils down to the money, I think. I'd take all of this if I got paid better.

Its just...I need to find the romance again. It kept me going. My gown's all crumpled, and I no longer feel like ironing it. If that says something, and doesn't sound silly saying it.

All that dreaming was bad for me. Its hard to refocus.

Its awful. Its so awful.

Oh dear. I do very seriously need to find again what I loved about this job. At the moment it isn't there.

I did think though. Yesterday in court I had a small little something. An annoying little something. Prayer hastily written thats completely without jurisdiction that I now have to argue for. I haven't much of a choice. I know its wrong.

Make a plea to the court, to use its inherent power to do complete justice.

I remember saying its only the awful lawyers who use arguments like that. What happened to me?

I agreed to an adjournment. There was no option cause it was unlikely to be heard in full that day anyway. And my client's not directly involved in the suit. So its really upto the other parties to decide when and how to do things.

After which, there was this huge intellectual property case. Two senior advocates stood up to square off. And the court stood still. The judge who was so in love with his own humour kept his mouth shut.

And arguments began.

I sat and listened. For a brief ten minutes, I saw what I wanted to be. Its been a while now.

Will I ever get there?

I nearly cried out of desire. It still looks so wonderful. Just further and further away. Is what I'm doing really going to get me there? Do I have what it takes? Do I want to?

I don't know.

This is not easy. There's only so long I can buckle down and work hard, before the dam bursts. Sigh.

Guk

The problem with working with the system, and using its own values against itself to bring about change is that sometimes, you find...or I find, I simply can't stomach the rationale anymore. The end does not justify the means.

Classic case of good decision, bad reason.

Aruna Pramod Shah v. UOI (7/4/2008)

Learned Counsel for the Petitioner has drawn attention to the definition of "domestic relationship" contained in Section 2(f) of the Act. He has strenuously objected to the placing of married persons on the same platform as those in a relationship in the nature of marriage. We find no reason why equal treatment should not be accorded to wife as well as woman who has been living with a man as his common-law wife or even as a mistress. Like treatment to both does not, in any manner, derogate from the sanctity of marriage since an assumption can fairly be drawn that a "live-in relationship" is invariably initiated and perpetuated by the male. Once again, we do not rule out the exception but such cases would be rare to find, thus obviating the need of Parliament to provide protection to the male victim. The Court should also not be impervious to social stigma which always sticks to women and not to the men, even though both partake of a relationship which is only in the nature of marriage."

For the stat-boys

A manupatra wide search through all courts available on the site across the country, for cases under the Protection of Women from Domestic Violence Act, comes up with all of 45 results?

45 reported cases in 4 years.

Bleh.

Tring Tring

the telephone rings...

Nair thinks...oh dear what NOW?

Rahul, your written arguments are fantastic!

Uhh...ok.

Really, they're so clear and well put.

OK. (Nair is not very used to praise.)

If you can do this for two of my big cases, that would be fantastic. We can argue in the High Court on Monday.

Ok. Could I come in to the office in an hour, I uhh...need to have lunch?

No, no. Take the day off. I insist.

A virtually sleepless week has paid off. Its nice to know I can still impress. God knows I could use the confidence. Fingers crossed things kick on from here. Lettuce see.

Its important to enjoy the good times. Only there isn't anything on TV. Yes, yes. Sad pathetic life. Bleh.

Wrong choices...

Sigh.

A reasonably successful day. Two cases, with Nair running from court to court. Engaging in cat fights in court, but coming away with what he wanted. Out of sheer dumb luck.

And providing comic relief in the other.

After a long drawn out argument with bitchslaps and insults aplenty over who owns what among a whole range of properties, the Judge turns to Nair and asks,

"And you, who're you for?"

"My lord, I'm a tenant in one of the properties. I am least bothered about who owns title."

And the judge completely cracks up.

"Oh my god, you're the tenant in all this?"

And Nair cracks his first courtroom joke

"My lord, short of cutting the keys into two and handing it over to both disputing owners I don't know what do"

Bleh.

The things he has to say. This thing has lost its sheen somewhat, methinks. Lettuce see. Or maybe that's just Nair's mood at the moment. Perhaps if he was paid better.

I don't know. It boils down to that, doesn't it? I've worked for these things and done well, and this is infintely more challenging and engaging than any of those high paying jobs. But at the end of the day, its so...deflating.

Sigh. The road ahead does not look very good.

Been watching

the Big Fight, of late. On NDTV.

A show that promises to be so much. Generally considered the best of its genre in the country.

Not much more than another brand of reality television. Watching Kancha Illiah ridiculed for the things he said was not pretty.

Vikram Chandra and the rest annoy me. Self proclaimed vox populi.

Somebody should tell them the show is nothing more than people getting at each other's throats. Somebody should say that its value as a current affairs program is rather negative. Somebody should show them

this

Addendum: One of the nice things about the fish bowl, and I don't often mention nice things about the fish bowl, is the environment it created. Somewhat isolated from mainstream middle class perception. Well, I think so anyway. I know how differently I thought before and after the fish bowl.

Its the kind of environment that could allow you to appreciate a writer and a thinker like Kancha Illiah. Allow you to agree or disagree with him, should you wish to.

On the Big Fight he was reduced to ridicule by people more articulate, with more "pizzazz" and media savvy. (Yes I felt like using the word pizzazz. I always wondered what it would be like to write for Filmfare and Cosmo).

Kancha Illiah's might be an extreme point of view, and importantly expressed in extreme terms, but he's not the monkey NDTV made him out to be.

Where's the desi Jon Stewart?

Sigh

Always look on the bright side of life.

Sigh.

Not so easy. Bleh.