Wednesday, December 17, 2008

THREE INTERESTING CASES THAT I KNOW OFF

THREE INTERESTING CASES THAT I KNOW OFF .

Some decades back there was one intelligent?? Advocate By name Kankanhalli Narayana char.He had made a name as an advocate who will win even very difficult civil cases.
In villages in and around Mysore district some individuals were in the habit of bringing the cases to the lawyer at Mysore pertaining to the individuals of their village as most of the litigants were illiterates.. These individuals were known as “POOT Lawyers”. They used to get some commision from the lawyers and also from the clients. When ever any case is brought to Narayana char who was famous and if the case is a simple one he used to give it to some other junior lawyers not working in his office or lawyers who did not have any briefs and get a cut in the fees.

1) Once a village poot lawyer came to him with an young lady having a boy aged about two years to his office. The gist of what he told the lawyer is as follows:
In their village there was a richman and he was married and had grown up sons. When he was old he took a fancy to an young lady whose parents were poor. He took her as his concubine and actually did not marry her. In the mean while the wife of the villager died. The young lady started living with this old man, The young lady did not have any issues when he was alive and was pregnant at the time of death of the villager.. . After the demise of this villager the sons of the villager used to give her sufficient grains and some small amount for her maintanance. This they stopped suddenly after an year or so. This poot lawyer wanted Narayanachar to get this lady some bulk amount so that she can lead a good life with her son.
After hearing this Narayanachar asked him as to when the villager died. He told the lawyer that he died about 3 years back. Immediately Narayanachar used all the invectives at his command asked the poot lawyer to leave the office. This poot lawyer did not know the reason. Then the lawyer said “You so and so, you are liar and scoundrel. The boy child does not appear to be even 2 years old. Even with your lawyer you are not prepared to tell the truth. If you hide the truth even from your lawyer you are unfit to be my client.”. by this the poot lawyer was stunned. He blabbered something and requested the lawyer to pardon him said that he will tell the truth.
He started narrating the real truth.
After the death of the villager this poot lawyer some how managed to entice the young lady and started having affairs with her. When the sons of the villager came to know of it they stopped giving her any help and told the lady to get all the things required by her from the poot lawyer and they distanced themselves. The child is actually born to the poot lawyer and the lady and is abot 2 years old. He pleaded with the lawyer to help him to get a portion of the property in favour of the boy atleast.. The lawyer then asked him to tell him the actual alue of the propetty . This the poot lawyer readily furnished…
The lawyer told the poot lawyer that he observed the poot lawyer when he entered the office along with the lady. She had a costly pair of chappals which she removed and kept it outside the chamber. She was also well dressed with some jewels. She had also dressed the child with good clothes usually found in cities in costly stores., she was in a jovial mood. These things made the lawyer feel that some thing is wrong and that the poot lawyer is not telling the truth.
He asked the poot lawyer to remain until all his other clients were disposed off. The same narayanachar was our lawyer also and I had also gone there for enquiring into some litigation for recovery we had filed. When all had left the chamber he told the poot lawyer in no uncertain terms that he should be paid a hefty fees as advance before taking up the case. Also he told the poot lawyer if he cannot afford the fees he can go to any other lawyer he likes. The poot lawyer agreed to all the conditions. He called the lady and told her” You so and so, from today onwards until this case is finalised do not wear any fancy clothes. Now itself go to the Boatee Bazar (this is a market situated by the side of Devaraja Market) and purchase two or three sets of old worn out clothes. Also for the child purchase some old clothes. Never ever wear foot wear until the case is finished.. when ever you attend the court come with some torn saree and without a wash or a make up. Do not feed the child in the morning of the day of the cse. You may give very small quantity of milk. Try to make the child weep in the court . do not clean the child or clothes it with good clothes. Better you bring the child without any clothes.

The case it appears came up for hearing.. on some future date.
Narayana char produced a document signed by the “Thammadi” (priest)
from a famous Shiva temple nearby showing that the lady in question in fact had married the villager some time before the death of his wife. The document was on an old discoloured paper (probably purchased from and old paper merchant) . The date mentioned was an auspicious day as per the Euphemerics (Panchangam) produced by the lawyer. At that period of time bigamy was not a crime. The judge wondered as to why the Thammadi gave the certificate as this was not the practice. For this the lawyer had a good reply. As his sons were grown ups and as he did not want them to know about his second marriage at this late age and also as he did not want to leave his young wife in lurch after his demise he got the certificate as done in the churches in the nearby town. So he gave the cretificate to his young wife!!! In the court as already stage managed the lday appeared without any make up with torn clothes and the child constantly crying for attention and with out any clean ups and without clothes it probably moved the judge. The judge and the opposition lawyer were wondering as to how this child appeared to be so young ! may be less than two years at the most. For this narayana char a stock reply. As this young lady was thrown out of the house and for a long time she had not done any hard work it was vry difficult for her to maintain the child with proper food and nutrition. So this stunted growth.
It appears that Narayanachar won the case for his client and got hefty fees. (so also the Thammadi of the shiva temple got enriched to some extent)

2) This is the second case:
Earlier when entertainment tax was introduced it was customary for the theatre owners to purchase the stamp and stick it to the actual tickets just before the shows started and tickets issued for the show. Depending upon the entry fee the stamps were stuck at the back of the tickets.
While the tickets were given at the entry point the gateman was supposed to one half was torn and another half was given to the customer. The trick was not to tear the newly affixed stamps but to tear the portion in such a way that the portion retained by the theater get the stamps in full and deposited in the basket of the theatre. This can be used again and again and there was no other check.
May be the concerned officers of the Government department were hand in gloves for such a scheme. Once and upright officer was posted and he wanted to raid the theatres who were indulging in such practice and especially the elite ones. At that period only Gayathri talkies was an elite theatre in Mysore only exhibiting english pictures and no other regional pictures. This officer in mufti purchased tikcets for 7 consequent shows and fined theater a hefty amount as fine . The owner of Gayathri Talkies was a close friend of Narayana char. He told Narayana char the whole truth. So narayana char agreed to represent the owner for a hefty amount assuring success. This the owner agreed as he did not want his name to be sulllied and the fees charged by Narayanachar was much lower than the fine imposed by the Govt.
On the day of the case Narayana char had asked the owner of the theatre to get him two fresh sheets containing 50 numbers of the lowest denomination entertainment stamp sheet, two sheets containing 50 numbers of the lowest denomination postal stamp and 20 sheets of the poster paper on which usually the tickets for the theatre is printed.
On the day of the case the lawyer with a flourish produced the stamp paper and requested the judge to allow the peon of the court to paste the stamps from one sheet of entrtainment tax stamps and one from the postal department on the poster paper wetting the stamps using water. The judge did not know what to do. This the judge obliged. After some argument and counter argument the judge wanted the case to be adjourned . For this narayanachar requested the court to wait for a some minutes and asked the judge to see as to what happened to the stamps stuck. When the judge saw the stuck stamps he was surprised to find that the stamps of entetainmenttax stuck to the paper were not sticking properly and could be easily peeled off where as the postal stamps could not be peeled easily and if peeled the paper got damaged. Everyone was surprised and the entertainment tax department oficials were taken by surprise. The lawyer submitted the fresh stamp paper of both the extertainment tax department and postal department as exhibits for the court and record. His argument was that the department has purposely removed the stamps from the half they have with them and hoisted a false case!! So the case was dismissed and Narayana char got an independent good house owned by the Gayathri talkies on a nominal rent!!!! for a long time.. The court peon who stuck the stamps was also HONOURED for his help!!

3) During the rule of Maharajas in the old Mysore state the Royal Highness used to honour the scholars by giving them land grants. They were of two kinds. One was the right to collect tax from certain villages and other the outright to own land absolutely.. These land owners wre referred to as Jodidars.
One such ws the Jodidar of Vokkalagere.. After the end of the year financial year these
Jodidars were supposed to render the account to the Amilda’sr(Taluk head of the Government ) get their collection of tax checked and pay a small percentage of collection as due to the Government..
For reason which is not known to me the Jodidar failed to submit the accounts for 3 successive years. As the Jodidar was a very good host and used to lavish the Government officers whenevr they visite the nerby villages these Govt officers had a great regard for him. So except for some oral request to the Jodidar no written memo was issued.
A new young Amildar was posted and while reviewing the old accounts he found that the Jodidar had neither given the collection details nor remitted the due to the Government . Inspite of the pleadings of his staff that this jodidar was an honest man and he will definitely give details and he may be contactea dn ascertained the reason this Amildar wanted to proceed against the Jodidar!!
He arbitrarily fixed an amount as a fine compounded for the failure to submit the account for the past three years and asked the Jodidar to remit the amount within a period of three months or otherwise the right for land tax collection will betaken over by the Govt. and cse filed for the recovery and the land owned by the Jodidar will be attached for that amount. The Amildar after waiting for 3 months filed a suit as the Jodidar did not obey the orders.
Even though Jodidar had an advocate as a son in law one of the cousins of the Jodidar’s wife who used to take care of the account side of the Jodidar family preferred Narayanachar as their advocate.. The lawyer studied the case and asked for a good fees.
After the fees was agreed upon Naraynachar took up the case.
Narayanachar used all the tricks of the trade to postpone the case as much as possible and tried the patience of the Amildar. Amildar who thought that this type of case will show the others his toughness in dealing with tax evaders could not do anything due to adjournements. . He was also asked by the Government Prosecutor to be physically present on all days of hearing. He had to travel from T narasipur in crowded bus (some of the buses were driven by charcoal due to shortage of petrol. Even though he was seated in the first row of the bus along the side of the driver the constant travel made him tired. There were no regular bus service and from the busstand at Mysore he had to hire a tonga(a horse drawn carriage) and he had to travel in it along with his peon!!!) who used to carry the files relating to the case. At mysore he could not expect any treatment which he used to get in the villages and if he missed any bus he had to spend more to stay at Mysore than what he woud get as Travelling allowance.
At long last the case came up for hearing. Narayana char called the head clerk of the office as his first witness. He asked the witness as to how many years he is working in the Amildar’s office. The clerk said that he is working for the past 10 years. The next question was for how many years he has seen floods in cauvery. He told the court that during his service he has seen two real floods and one flood warning. The judge asked narayana char as to what the flood has to do with the accounts of the officer and the rst of the lawyers including the judge laughed. For this narayana char replied that everyone is laughing and afte finishing his portion of the case he willl laugh and sit.
The next question was when ever the flood warning is given what they do to the records in the taluk office building which is within the rach of floods. The clerk replied that the records are taken in bullock carts and taken and kept carefully in the school building above the flood plain. Afte the flood warning or the flod receeds it will be taken back to the taluk office building. Whether the trasport of records will be done within a short period and druing the day time only. Theclerk replied that the trasport of records is a cntinuous process and the records will be shifted even during night times with hthe help of Petromax light. The next questin wa as how the records are shifted. For this clerk replied that the records are bundled and taken. The next question was whether the records loaded into the cart are listed and then once again checked at the destination. For this the clerk replied s the records were shifted in an emergency such thing was not don. The next question was whether the Jodidar was given any acknowledgement for the account given by him. For this the clerk replied that they have great mutual trust especially to the present Jodidar and as such theacknowlegement is neither asked nor given.
At this point the lawyer started the argument stating that the preent Amildar is new and quite young. Wihout knowing all the facts he has filed a suit. He could have amicable settled the issue with the Jodidar for whom everyone shows great repect. It can be surmised that even though the accounts were handed over and even though the accounts have not ben checked for which the Jodidar was prepared at any time to pay the dues to the Govt the Amildar has not done it. He could have asked for a duplicate account or got one of his clerks to copy it from the Jodidar’s account books. Instead of this he has taken the extreme step of filing a suit. There is every possibility that the records may be in one bundle lost during transport.. So it is a case of clear vindicativeness on the part of the Amildar to sully the name of the Jodidar who is held in high esteem.
The court was convinced of the argument and the Amildar was asked to be more careful while coming to the court next time on any issue.
The case was dismissed . The Jodidar won the case. As long as this Amildar was in thistaluk he was never ever entertained in the house of the Jodidar even though the rest of hisfollowers were entertained..
THE CLERK WAS SUITABLY HONOURED BY THE JODIDAR
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P S: My wife is the grand daughter of this Jodidar. This incident happened many years before my marriage.

ANOTHER STORY ABOUT NARAYANCHAR THE LAWYER.(We shall call it as 4th)

Recently Kittanna told me about the following
After India gained independence many of the princely states did not want to join. They wasnted to be treated as Independent states and did not want to be merged with Government of India. The then Mysore state was no exception. After general upraising by the people and so many sacrifices by common people the then Maharaja agered to merge Mysore State with the Governemtn of India this happened during the middle of 1949.
During one such demonstration against the Maharaja of Mysore an honest officer caught hold of 8 boys who were in their teens. These boys were from rich family and the police officer did not budge to release these boys and filed a case against these boys.
The parents of the boys came together and they appproaced Narayanachar to take up the case.
He relented and charged huge fees. The parents agreed and paid the entire sum in one go.
As usual the case was dragged on for 3to 4 months. On the appointed day wherein the case was to be taken up Narayana char went to the police officer before the court opening that he should be allowed to speak to thees boys for about 10 minutes. As the lawyer had not met the boys in the jail also the officer who had brought the boys allowed him to talk to the boys exactly for ten minutes. The officer also stood a bit away from this group wherein the lawyer was talking to the boys in a hush hush tone.
After ten minutes Narayanachar profusely thanked the police officer and told the police officer that he may not have much point to taclke the case as the police has a very strong case against the boys. The police oficer was extremly pleased.
After the public prosecutor cited the various sections under which the boys have been charged Narayana char wanted to examine these boys. He also requested the police officer as to how the boys have been lined up. The police officer gave the note in which he had lined the boys in the order of the note.
Now came the turn of Narayanachar.
He questioned the boy stating that his name and fathers name as entered in the note as correct. The boy cooly replied that the name and his father’s name is diferent and it is not as per the note of the Police. He gave his name and father’s name and ths did not tally with the note. So it happened with all the 8 and the judge dismissed the case stating that the police have miserably failed to give even the correct name of the boys and their father’s name and also doubted the integrity of the police officer who for some unknown reasons has filed a case.
So Narayanachar won this case.
The hush hush coversation was for the following reason. The boys were given instruction in the police station to stand in one type of order. Narayanchar told them that just before entering the hall they should shuffle and stand in some different order. So the name as per the note of the police officer and the actual row formed by the boys differed and so the case was dismissed. The shuffling of the boys in the row was not observed originally by the police and they thought that they have formed the row as per the instructions given to them in the Police staion..
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