Haresh A. Raichura 🇮🇳
@Hareshraichura
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Supreme Court of India, Lawyer, AOR, tweets mostly devoted to first generation lawyers and lawstudents. (Telegram App group link)
New Delhi, India
Joined January 2010
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A thought that I have been propagating for 41 years. :-
"5000 Years Ago a Mysterious Man was born among us. He used to help us even if we were neither his relatives nor his friends.
He was very powerful and influential. He could lift a mountain on his little finger.
One day
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"Before marrying, should I install CC TV secret cameras in my house, to protect myself against possible future cases by my wife under Sec.498, Dowry Act, IT Act etc ?"
About 3 years ago, a young man from Uttar Pradesh asked me the above question.
He was about to get married.
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40th Work Anniversary. Completed 40 years in Legal Profession.
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Thread on how "planned murders and mob lynching" are planned in India.
1) Criminal procedure code allocates "Police Investigation Officers" area wise. Areas are defined.
2. So the criminals can plan in advance about time and place of proposed crime in such a way that case gets
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"Can I practise law with honesty? Is this really a noble profession? Why do 95% lawyers give negative feedback?" asked a young district court lawyer.
I have practised law with honesty for 41 years. My views are as under;
1. It is really hard to practise law as an honest lawyer.
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Many years ago, I had engaged Senior Advocate Arun Jately in a case. I was very impressed by his magnetic personality. I saw his humility. And I also saw his simplicity in preparing cases.
He just pulled out a legal sized blank paper and folded it from the middle.
Then he
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Strong lawyers are signs of a strong democracy. Media gives publicity to negative lawyers with with high political and wealth IQ. It seldom notices work of thousands and thousands lawyers who live in small towns and give there whole life in making peace between people.
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My chamber in the Supreme Court of India on Deepawali days in C K Daftary New Lawyers Block, New Delhi. Happy Deepawali to All of you who have kept me going so far 🙏🙏🙏🙏🙏
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How a law student or a young lawyer can get an edge over other lawyers in terms of knowledge. (This post may be interesting only to serious law students).
Once, during the hearing of a case, Chief Justice of India, Justice S. H. Kapadia, said to a senior advocate, "I prefer to
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Thread : How to read a Legal Document. A small tip..
1) Clients come with heap of letters and documents and ask us to file their case.
There is a method about it which many
#Lawyers
use.
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Books of Evidence Act should be learned first. All cases under all laws depend on "Admissible Evidence". What is admissible evidence and what is inadmissible evidence should be learned. Once this knowledge is mastered, one can pursue books that may interest him. But if Evidence
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Once the most popular tool for analysing legal cases. It was called Red and Blue Pencil.
These pencils were very popular among judges. And judges in all courts were supplied these pencils.
The use of this two colour pencil was simple, keep underlying arguments in favour of
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Thread: How Young Lawyers can start getting work and how can they start earning even if they fail to get a job in law firm.(This thread will be updated time to time).
1) here I want to write from my own struggle and from my own real life experiences.
#lawyers
#lawtwitter
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A Supreme Court Judge who was born in a small village which may have a population of hardly 25 houses when he was born in 1943. He became Gujarat High Court Judge, then Bombay High Court Chief Justice, then Governor of Maharashtra, then retired as Judge of Supreme Court in 2004.
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7/ This suicide has left many questions unanswered in mind. In 40 years, I do not remember even a single case where I have got a judgement in favour of a husband
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Maybe 30 years ago, I had gone to the official residence Shri P Chidambaram Senior Advocate and member of parliament to brief him in a TADA case. Before the conference began, I wandered and saw books in his library. I noticed the book "How to read better and faster" by Norman
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It was a "Do or Die" for me to pass the Advocate On Record exam of the Supreme Court in 1992
In 1990, I shifted to Delhi to practice in the Supreme Court. At that time I has burnt all the bridges so that I could not return.
I had about 300 briefs of the Gujarat High Court. I
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If you are a lawyer and if you want to prosper in legal profession, do not speak anything that may be disrespectful about the profession.
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Two things I learned from Nani Palkhivala
1) 1982. I had just joined the Bar. I purchased a book by Nani Palkhivala, titled "We the People". I could not understand the book. But I noticed that the flow of English in the book was marvellous. I learned about need of mastering
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A problem solving thread for young lawyers.
1/ If you are a young lawyer, who is still struggling to establish in profession, it may help you to know what I used to do every morning some 40 years ago.
2/ Almost everyday morning, I used to take out a blank paper.
3/ I would
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An humble suggestion to junior about searching case laws.
I have a case where some new concepts of law needs to be argued. A juror friend pulled out a Supreme Court judgement from Live Law which was against the point I wanted to to argue.
This stumped me. So I sent him a
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How I spent my first 4 briefless years in District Court practise as a First Generation Lawyer.
June 1982
The first few days were of stark depression. I knew no lawyers. I had no senior. I floated like a dry leaf fallen from a tree. I had no briefs. No clients. No income.
I
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A first generation lawyer rented a small cabin type office in a crowded cloth market. His practise started fast because nearby traders began to come to him for giving notices of due and cheque dishonour cases.
#TrueStory
#lawyers
#India
#lawtwitterIndia
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Who was the First LL.M. woman in India?
The First woman lawyer who completed LL.M, was Lily Isabel Thomas, Supreme Court Lawyer who passed away at the age of 91. She was from Kerala.
Her, two cases of large public interest, affected every citizen of India.
1. There was a
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Six advice to young advocates who want to make it big in legal profession. (These six advice are attributed to have been said by a senior advocate of District Court, Junagadh.)
1) You must be either in the court house or in your office. Reduce external distraction. Devote
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Thread for Doctors (a thread to be updated time to time)
I will write here about,
What doctors can do to protect themselves, against complaints under SC/ST Act, complaints in police for medical negligence, complaints for medical negligence in
#Doctors
#MedTwitter
#India
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One lawyer may come in the latest BMW car. Another lawyer may come on a bicycle. But during arguments in court, both have equal rights to present their arguments.
#junioradvocatesforum
#lawyers
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5/ The trends in laws in India are pro-women and anti-husband. There may be very few reported judgements of supreme court and high court where emotional turmoils of husbands are discussed.
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Thread (1 to 8 ) 1/ A liftman in my chamber building recently committed suicide. We are taught in colleges that Law is considered science of social engineering.
Then can we explain position of law relating to suicide of this liftman ?
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1/ You may have dreams to become a corporate lawyer like Harish Salve. You may have dream to become aggresive lawyer like Mukul Rohtagi. You may have dreams to become an advocate who can articulate excellently like Dr. Abhishek Singhvi. You are also entitled to have dreams to
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Can a person be jailed if he is unable to pay his debt? No.
Supreme Court said no in a 1980 Judgement as India is signatory to Geneva Convention and has signed that no man or woman in India will be sent to Jail only on the ground that he is unable to pay his debt.
But what if
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"That is the reason why you should not come to meet me", said Justice Ruma Pal, former Judge of the Supreme Court of India.
Some Supreme Court Judges lay down high standards during their tenure in the Supreme Court. They are remembered for many years by lawyers.
I had heard
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For Young Advocates and Lawyers : Know why Articulation is very important.
In a Special Leave Petition, in the Supreme Court of India, the Judges were not inclined to issue notice and were about to dismiss the case.
The young counsel continued to beg, "Please issue notice,
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Young Lawyers and law students who do not like Criminal Law may consider the following Ten points.
What actually is the job of a Criminal Defense Lawyer :-
a) Criminal law is like maths and arts. There are formulas for convicting or acquitting accused this : If you will do x,
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5. What is needed is this that Criminal Procedure Code sections about "area wise assignment" of crime investigation, need to be improved to such an extent that it is impossible for criminals to know in advance which PSI is going to investigate.
This can be a major police reform.
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S-68 Tips for Young Advocates : How many Laws a Lawyer needs to know ?
There are thousands and thousands of laws. How many Laws does a Lawyer need to know?
When I was a young lawyer, a senior advocate showed me the way.
If a client asks a question and you do not know the
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Young lawyers who do not like Criminal Law, may consider following points.
Crimes happen in morning.
Crimes happen in afternoon.
Crimes happen in evening..
Crimes happen during nights.
Rich people commit crimes.
Poor people commit crimes.
Middle class people commit crimes.
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To those who are struggling as “First generation lawyers from poor families”.
From age 15 to age 30 and from age 30 to age 35, and from age 35 to age 45, I was in struggling periods of my life.
After college years, the thoughts tormented me were how would I be able to I earn
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1/ There are lawstudents who have joined Law only as a last preferred choice of career.
They may take inspiration from K. K. Venugopal.
He could not pursue career in Science. So as a last choice, he joined law.
Similar is the story of Nani Palkhivala.
#lawyers
#lawstudents
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Thread "How to argue in court" - an easy to understand explanation to day to day Court Language.
1) First learn, "What is a Statement and how to make a statement to open an argument in a court.
a) "Defendant is fraud" This is your opinion. This is not
#lawyers
#lawstudents
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A thanks received after 36 years....At that time I was still a junior practising in the High Court of Gujarat, but I had a good number of cases.
I met a lady junior advocate. I started giving her briefs to argue. There were good cases were judges were likely to admit cases. I
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1/ Thread (8) Young Lawyers who want to learn Criminal Law without help of any guide or mentor, may consider following points.
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First generation Lawyers who want to learn Criminal Law without the help of any guide or mentor, may consider the following points.
1/ Criminal law is a "Tacit Knowledge" (Knowledge that is learned by doing a task. Just like learning to ride on a bicycle. Here the whole body
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8/ I dedicate this post that liftman, whose even name I do no know. I never asked him his name!
#India
#lawyers
#law
#lawschool
#lawstudents
#highcourt
#supremecourt
#work
#legal
#familylaw
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Thread for Young
#Lawyers
and
#Lawstudents
. "A
#Secret
- How I learned faster than other juniors about
#SupremeCourt
practice during 1990 to 1995".
1) I came to practice in Supreme Court in 1990. I had experience of Trial Court and High Court.
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A humble suggestion to all final year law students and new lawyers :
Suggestion:
1. Join a law firm and get hefty salary. (Discipline, Mindset of an employee, and tension will come free with your salary package.)
2. Start slow, giving priority to peace of mind and health.
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Thread for For Law Students and Young Lawyers: I am in legal profession since 40 years. I have learned three things.
1) Columbus set out on a long voyage to discover India. But in realty he landed on shores of America. Life is like that. We may have ambition to
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Today, 9th November, is the birthday of a Man who opened doors of Supreme Court of India to the entire world. He persuaded other judges and started live streaming of Constitution Bench hearings on YouTube video. Happy Birthday to the 49th Chief Justice of India !
#lawyers
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Motivation for young lawyers and law students.
Lawyers are "knowledge workers". Law is a highly paid profession in the world.
There was a time when the Income Tax Return filed by K. K. Venugopal was higher than the Income Tax Return filed by The Top Bollywood Star.
There was
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A superior way of arguing cases most effectively in the courts.
During law college, and during our early years of law practise, we are taught to argue reasonably well.
And we do argue well.
It serves our purpose.
So we stop trying to search for a superior method of
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Why do some lawyers pick up calls from clients, sometimes even at 2 am?
Around 1995, a very famous Senior Advocate who had specialised in criminal law, told me why he would pick up a call from the client even at 2 am. He had said, "We never know who could be in trouble".
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In my humble view, the Moot Courts in law colleges across India, have got it all wrong. That is not the way the cases are argued in court.
#law
#lawyers
#lawstudents
#legaleducation
#supremecourt
#highcourt
#supremecourtofindia
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Corporate Laws, Arbitration Laws, IPR Laws etc are good study options. But the clients in these fields are difficult to get for first generation lawyers.
Secondly, these types of laws often involve mechanical application of provisions.
Thrills of law are often missing
#law
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Though I have stopped writing poems on lawyers and judges, the following letter by Dr. A. P. J. Abdul Kalam, is a memoir that once I used to write such poems. The poet within me is presently dead.
20/6/2020, 20/6/2024
#supremecourtofindia
#CJI
#lawyers
#lawstudents
#imtens
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I am a first generation lawyer. I have my limitations. But I am not ashamed of being a first generation lawyer.
All pioneer lawyers were first generations lawyers. We cut the wood in jungle to make path ways on which our second and subsequent generations can walk.
My first
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A Law Student wrote, "Sir, I am a student of 10th semester B. Com, LL.B, Now I am stuck in my life . Can you suggest me anything ?"
Probably, he has lost hope of getting a job in a law firm, he may have also lost hope of getting a job as a Judge, and he may have also no hope of
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Memories of a lawyer who read legal papers at a speed of 3 mins per page.
Perhaps it was around 1995. He was not designated as Senior Advocate at that time.
I had engaged him to argue one case. I went to his then house in East of Kailash at about 7.30pm.
The conference was
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All of you, who really Hate us lawyers for taking up cases of Drug Criminals, must read this. Please reflect and tell me if I am doing anything wrong in taking up such cases. 🙏
*CHAPTER 9 - Conversations between a Judge and a Criminal Lawyer about a case of 5kg Opium.**
Today
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Two things that I have learned from Fali S Nariman
1) I overheard him saying to someone, "Every cloud has a silver lining". It means, every dark looking situation always has some positive benefits.
2) Once I had approached him and said, "Sir, can I talk with you for one
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Thread: For Law Students : How to select law books for reading.
1/ This is basically about how I used to select law books for study.
My past experience may not be suitable for present times.
You should select books the way it can work for you in present times.
My aim was
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(1 of 4) Law of Calling a Person to Police Station is something like this.
1) A beat constable cannot be sent to call someone to police station by oral order.
2) Police IO's order to call someone to police station must be in writing. It must contain number of complaint and
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There is no better Law College than Law College of Sitting In Court. It is free. Judges do charge tution fees.
#law
#lawyers
#lawstudents
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49th Chief Justice of India had a magnetic personality. Whosoever interacted with him once, remembered him for his life. I often wondered from where he got this magnetic personality. I reached the conclusion that his religiousness and his attitude of doing everything as if it is
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If you want to be a lawyer, a
be a full-fighting lawyer, or don't be a lawyer at all -
Movie - Goliath on Amazon Prime.
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During my struggling years as a first generation lawyer, I had experienced that when I strongly needed a client, no client came. When I was comfortable and when I was not in any immediate need of clients, they came one after another and I had trouble making time for all of
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Thread : Silent Revolution in Criminal Law has just begin in India
1/ Only those who can read fine prints of law can understand this thread.
Criminal Law is already a most complicated law.
#lawtwitter
#lawyers
#advocates
#lawstudebts
#lawscools
#law
#criminallaw
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A thread to free you from panics of this pandemic.
1. Actually, I am just a co-passenger with you on this train. I boarded this train in 1956. At that time my parents had secured a berth for me.
As stations passed, I grew up on this train. I studied, graduated, become lawyer
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When clients come to lawyers, they do not want to hear the truth. They want to know whether they will win the case or not. They want a Yes or No answer. They are looking for a lawyer who can say “Yes” to them, even if this answer may be a white lie.
In 1976 in TY BCom
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Thread ( 1 to n) NINE Tips for young lawyers and law students for searching relevant case laws.
1. First decide Act and Section under which you want to search law.
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Thread to explain "How murders are punished in India, in accordance with degrees of murders and why law to give death sentence to child rapist may not stand scrutiny of Judges, and why there is trend to impose reformative punishments"
1) You may find this thread interesting.
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Here is a simple method to read and understand any legal paper, notice or any legal document.
1) First note, the date of the document or the letter or the notice.
2) Then note, who has written it to whom.
From which office or person, this letter or document has been issued?
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Competing with the most competent lawyers.
When I shifted to practise in the Supreme Court in 1990, I was aware of three obstacles in my way.
(1) Here I may have to compete with lawyers educated in foreign countries and who may be very fluent in English.
(2) I was also aware
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How some much sought for experienced Senior Advocates can charge Rs.50,000/- for a two minutes advice.
1) Once I had a client who wanted advice of a Senior Advocate about filing his case in Supreme Court.
The Senior Advocate's conference fee was Rs.50,000/-
As I stated case
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Yesterday night I was depressed, just like other first generation advocates of my age. But today morning, I am refreshed. I am full of hopes and energy.
I have no seniors, so I do not have a duty to report to my senior. I will go in Bar room. I will meet my few friends. I will
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One good habit can take you to the best of your career.
Around 1987, I saw a junior advocate in the library of Gujarat High Court. He looked like just other ordinary junior advocates. He too was struggling like other junior advocates.
But one thing made him different from
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I am contributing here my thoughts to help first generation Lawyers. But recently a conversation with a Designated Senior Advocate created some doubts in my enthusiasm to contribute.
He said, "People on social media are not worth paying attention to. Their only goal is to take
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Thread for law students who have high potentials.
1/ The world may not judge you by your potential and desire to work hard.
But I believe that every Law Student is an acorn from which a tall oak tree can grow by natural process. I believe that even without a mentor he can
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For students there is one secret of success, "Read, Read and Read".
I know a retired Supreme Court Judge who followed this rule since his college days.
#lawyers
#students
#supremecourt
#success
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Thread for
#lawstudents
: How to think and talk like Senior Advocates.
1) This thread is based on a collection of my memories. The idea is to give you some ideas about how to think and talk like Senior Advocates.
#lawschool
#lawyers
#Law
#advocates
#college
#SupremeCourt
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6/ I wonder how laws could have prevented suicide of the 40 year old liftman who used to salute lawyers everyday.
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Thread on How Judges and Lawyers made (As is below, so is above)
1/ Judges are selected from lawyers.
2/ If the lawyers are bad, then judges too are bound to be bad.
3/ If lawyers are corrupt, then the judges are also bound to be corrupt.
4/Lawyers are made from
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A key to win most of legal cases.
“We would not go by judgements. We would go by the statutes”. Yesterday a judge said to an arguing counsel.
The counsel was trying to point out a direct judgement in his favour. The Judge refused to see it. He first wanted to see the Satutue
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For those who are interested to know how the criminals got acquitted. -A case study. (Long Post).
When he had just joined Bar, a Judge assigned him a pro bono criminal case to defend a poor accused.
The accused was a burglar. He had entered at night in a locked house.
A Beat
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Law schools can teach students what is a "Murder". But they may not teach how to defend an accused charged with a murder.
For that purpose one has to study Criminal Law Journal Reports and other such journals. Here facts are given and then it is shown how criminal law is applied
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My Present Self thanks my Past Self and wishes all the best to my Future Self
#SupremeCourtOfIndia
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How to or prepare an Appeal to High Court or Suprene Court : Understsnding words “Conjunctures and surmises”
The lawyers often write in their appeal memo that “The judgement of court below is based on conjuctures and surmises”. What do they mean by such submission?
These are
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1/ If this one book or similar textbooks of Arguments are taught in law colleges as a separate subject, I think that quality of arguments in our courts can improve very fast.
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Thread on "How NOT to open arguments in courts?"
1) These are my personal views. There are no hard and fast rules.
Every judge can react differently even if the opening statement of an argument is same.
Use your own discretion, experience and wisdom.
#lawstudents
#law
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If you find that some litigant has told lies in affidavit in court, then following two judgements can help, in asking for damages:
Standards Which Are Falling in Legal Profession in India.
In a reported case, Supreme Court, Bench headed by former Justice Dipak Mishra, (as he
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How to punish a litigant who has made a false statement in court to obtain exparte beneficial orders from court?
Answer is given in para 15 and 16 of
Supreme Court Judgement dated 13th August, 2024 by Justice B R Gavai, Jastice Sanjay Karol and Justice K. V. Viswanathan in case
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This is not taught in any law colleges in India. This we learn in College of Experience
To set aside a false criminal cases, poor people prefer to file Dicharge Application and Middleclass and Rich people file quashing application.
Academic books, Judgements etc teach us lot
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Junior Advocate should not give much importance to public speaking skill, arguing skill, drafting skills etc.
The first thing to overcome is the fear of standing with a brief in front of a judge.
Do not miss such chances.
#junioradvocatesforum
#lawyers
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Words of Judges : "If you are not prepared today, then you won't be prepared after one week also".
I remember these words of the late Justice G T Nanavati, former Supreme Court Judge, while I was sitting in court No. 4 in Supreme Court, many years ago.
A junior was asking for
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Learning about Ipse Dixit Arguments..
When you are sitting in a courtroom, watch for "Ipse Dixit" arguments.
Ipse Dixit Argument means to argue that "It is so, because I say it is so".
When a lawyer has no objective evidence to show to court, the lawyer uses Ipse Dixit
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By reading a lots of books you cannot become a good lawyer. Just as it is in cricket. Reading books on cricket may not help after a certain point.
Thereafter, you have to practice on the ground to get better at cricket.The same is true about the legal profession..
#lawyers
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