Kaustubh Mehta
@KaustubhMehta97
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Lawyer | Columnist | Views Personal
New Delhi, India
Joined March 2012
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Last Seen Profiles
Law practice in India has become excruciatingly difficult for first generation lawyers hailing from humble backgrounds.
What has made it even more despicable is the sheen with which lawyers converse about it - that "a young lawyer is necessarily supposed to struggle, so much so
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Bought my 1st MacBook Air from my very own hard earned money!
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Asking tough questions without imposing viewpoint is what real journalism is all about.
@Nidhi
does the job of a journalist perfectly!
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Starting from today, I am going to share one important Supreme Court judgment daily in order to keep my followers informed about crucial judicial decisions and increase their legal awareness.
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I wish our politicians could be as humane as
#AnkitSaxena
’s father. He has made hindus proud and raised our standards as a peace loving community.
Neither did he politicise it, leave alone communalising it. We have great things to learn from him.
Also at 9pm:Yashpal Saxena,Ankit’s father,on why he held an iftar at his home. His son was killed by the relatives of his girlfriend because it was an inter faith relationship.Yashpal Saxena says “hate killed my son, what is the point of it? Let’s look at each other as humans”.
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One of the finest judges in India is paying the price for coming down heavily on the State for its abdication of duty during Delhi riots 2020.
[BREAKING] Collegium recalls recommendation to appoint Justice S Muralidhar as Madras High Court Chief Justice
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Abhishek Manu Singhvi is the Mahendra Singh Dhoni of litigation.
Totally dispassionate, calm and clinical in his approach.
No opposite counsel can agitate and divert him. He stays focussed on the ball and never lets emotions get the better of him.
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The five most important Supreme Court judgments on the power of arrest which every citizen must know:
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Today, I completed 1 year as an advocate!
More than the skills of lawyering and Court craft, I learnt a lot of life lessons as a first generation litigator.
Here are my 5 biggest takeaways:
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Evidence law in respect of Shraddha Walkar murder case is very crucial.
Any confession or disclosures made by Aftab Amin Poonawalla before the Police is inadmissible in a Court of Law as per Section 26 of the Indian Evidence Act.
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CJI Chandrachud's speech encouraging seniors to pay juniors appropriately and not treat them as slaves is welcome.
However, such words will remain a dead letter unless the Court takes suo motu cognisance of the matter on the judicial side.
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Bar and Bench article showcases the few distinguished seniors who remunerate their associates in a commensurate manner.
The larger picture, however, is very disheartening and bleak.
Most associates are paid a sum which they cannot even disclose due to utter shame.
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From today, I will be posting threads 🧵 consisting of five most important Supreme Court judgments every month.
Today, I will post judgments pronounced in June 2023.
The idea is to create legal awareness and stimulate interest in law.
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This is what India stands for❤ This is why no one can destroy us!
@AamAadmiParty
,
@INCIndia
&
@BJP4India
leaders standing together to pay their last resect to our martyrs' lost in
#PulwamaAttack
.
#PulwamaTerrorAttack
#Pulwama
#IndiaUnited
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@theskindoctor13
@YashwantSinha
When Modi insults Nehru, Indira, Manmohan who does he insult then?
@theskindoctor13
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Fali Nariman once said: -
When you mention a famous race horse, they always ask you, ‘From which stable?’ The stable is important. It establishes the ancestry and the breed. When you name a lawyer who has done well, people ask you, ‘From which chamber?’...
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that he/she has to give up on her peace of mind and sustain themselves with the pennies that their senior has to offer."
It is disheartening that lawyers are perpetually fed with the thought that they need to learn and learn before they earn.
This has made their lives more
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Better Call Saul - is the only web series which chronicles the trials, tribulations and despair that a litigating lawyer has to go through.
All other web series surrounding the life of a lawyer paint a rosy picture and rather romanticize the reality.
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The fact that there exists a law, in 21st century India, which enables the Executive to impose pre trial incarceration without any reprieve from Courts of law, should instil absolute fear and anxiety in us.
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I had filed an RTI to know the exact number of classrooms built by Delhi Govt. In the response it has been stated that 8089 classrooms have been built. 8089 is indeed an enormous figure!
Sharing the list.
@attorneybharti
@AnjaliB_
@Memeghnad
@sanjayuvacha
@karunanundy
@msisodia
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We Indians are individually intelligent but collectively foolish.
- Nani Palkhivala
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Lots of homemakers that I'm acquainted with have had a change of heart for
#RheaChakraborty
after her interview with
@sardesairajdeep
. Whatever may be the final outcome, it should be the law alone that must prosecute. Prosecution should not be outsourced to tv news channels.
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The Supreme Court of India has recently settled the law on Adverse Possession.
Government of Kerala & Anr. vs. Joseph and Others (2023)
🧵
The Court held:
1. Possession must be open, clear, continuous, and hostile to the claim or possession of the other party.
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The good ones, who have the required skills, should not suffer from this deliberate vortex of being underpaid.
Litigation is becoming like a Gymkhana club, where members have ultimate monopoly and only those with means can enter.
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Lawyers in India never retire; they simply drop dead!
- Fali S. Nariman
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Dr. Abhishek Manu Singhvi is giving a masterclass on law of Defamation.
Watch the live proceedings here:
Gujarat High Court beings hearing the criminal revision plea filed by Congress leader Rahul Gandhi (
@RahulGandhi
) seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in 2019.
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Privilege should never decide what one wants to commit herself to.
Talent, merit, hardwork, capability and competence - these should be the only factors that make or break a career.
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Justice can be delayed because the stenographer is absent.
Courtesy - Delhi High Court
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How to effectively read a Judgment?
A thread 🧵
1. Identify the Case: Start by identifying the parties involved, the court that rendered the judgment, and the date of the decision.
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The senior members of the bar, unfortunately, have perpetuated this systemic oppression and exploitation.
There are a lot of new lawyers who are not capable enough but they do not set the standard for remuneration.
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miserable. Earning happens simultaneously with learning. With law as a profession, which is the most dynamic, considering it changes by the minute, learning never ends. So, it is logically untenable that learning has to precede earning. Learning cannot be objective.
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The excessive emphasis and insistence of CJI on owning an iPad for lawyers appearing in Supreme Court stems from a place of privilege.
It should not be the concern of the Court whether a lawyer wants to read from a physical brief or an iPad.
It's about individual preference!
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CJI Chandrachud exalted that NLU students should not look down upon non - NLU students.
This message needs to percolate within the judicial system and effect change in the thinking.
Also, CJI and other SC judges must not allocate their weekends to just attend functions at NLUs.
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Mukul Rohatgi, as Attorney General in 2017, had argued against the right to privacy of the citizens.
Today, he is arguing in favour of the privacy of the LGBTQI.
How the tables have turned!
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If you're a lawyer and you're not watching the Constitution Bench proceedings, are you even a lawyer?
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The Delhi High Court has recently suggested that senior lawyers should pay a dignified stipend to their juniors. But how a suggestion will translate into positive action in a highly unregulated and unorganised employment space is beyond me.
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Lawyers are force multipliers! We are jacks of all traits. There's no lawyer who cannot hold a conversation on almost everything under the Sun. It could be finance, science, artificial intelligence, stock market, society, relationships, human psychology and what not.
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No one can dethrone
@ArvindKejriwal
from Delhi.
Even if
#Modi
contests to be Delhi CM, he'd lose.
People of Delhi love Kejriwal immensely.
The return of Shiela Dikshit? I once called her “Dilli ki dadi” in a TV IV & she could not stop laughing
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A quick thread 🧵 on the most landmark constitutional law judgements of the US Supreme Court. (1/10)
1. Marbury v. Madison (1803) - This case established the principle of judicial review, giving the Supreme Court the power to strike down unconstitutional laws.
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CJI DY Chandrachud's character is unimpeachable and his credentials are unblemished.
Otherwise, considering the amount of online hate that has been unleashed on him, the powers-that-be would have dragged him into one controversy or the other in order to compel him to succumb.
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Saw the tweet posted by a senior advocate's grandson deriding conversations about the struggles of first generation advocates, classifying them as "rant".
Entitled people would never understand the amount of grit & perseverance it takes to even exist in this feudal profession.
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A thread 🧵 of 5 Important Judgments delivered by the Supreme Court in June 2023
1. Station Superintendent & Anr. v. Surender Bhola
Railways is not liable for theft of passengers' belongings as this does not amount to deficiency of services.
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Soli Sorabjee, Fali Nariman and Ram Jethmalani's lives teach us that one needs to live long enough to be an excellent lawyer. Longevity is an important thing in this profession!
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Litigation is nothing but a game of "Last Man Standing."
It is not a 20-20 game but a test match where the perseverance and endurance gets tested at every step.
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The Supreme Court bench led by Justice Khanna appeared inclined to grant bail to Sanjay Singh in the Excise case as there was no recovery.
ED's counsel ASG Raju gauged the bench & conceded. He wanted to prevent SC from going into the merits & destroy ED's case brick by brick.
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Excellent judgment by the Supreme Court whereby it was held that an encroacher cannot be allowed to usurp the possession in case the title holder does not institute a suit for recovery of possession in time.
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Independent legal practice is equivalent to entrepreneurship.
Client communication, marketing and sales are the three major pillars for a litigator.
There is constant team building and conflict mitigation while dodging risks that we face while on the job.
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Luthra & Luthra founder Rajiv Luthra passes away. He was a doyen of the corporate legal industry!
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Delhi University is offering a 5 year integrated Bachelor's of Law course.
This might seem like good news for law aspirants. However, the 5 year law course has its own distinct drawbacks.
Benefit of graduation before pursuing a professional legal course...
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The only political party which is fighting tooth & nail against BJP, despite a crunching defeat in the General Elections, is the
@AamAadmiParty
. Immeasurable kudos to
@ArvindKejriwal
,
@msisodia
,
@attorneybharti
and all the volunteers working tirelessly.
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How to develop clientele as a lawyer?
A thread for young lawyers going independent🧵
1. Build Strong Online Presence: Create professional website, maintain active social media profiles & share valuable legal insights. This helps you showcase your expertise to potential clients.
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Most lawyers do not want their colleagues to rise up as a professional. If you find good people who want your growth and help you with connections and networking, you must always express gratitude and reciprocate the goodwill towards them. Good people should be appreciated.
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Starting today, I will be posting daily threads comprising important concepts of different topics of the law with relevant case laws for everyone's understanding and revision. I will do this until the court vacation.
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Court vacations are necessary for lawyers to at least, for a few days, not have the stress that the profession gives. In fact, there should be more holidays for legal professionals. District courts should also be closed on Saturdays and Sundays.
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How to be a Disciplined Lawyer?
A thread 🧵
1. Time Management: Create a daily schedule, allocate time for tasks, and stick to it. Prioritize your work based on deadlines and importance.
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My brethren in Law, I request you all to not celebrate the killing of any criminal extra-judicially.
We are officers of the Court and it is our bounden duty to protect the Constitution, which envisages procedure established by law.
Even the devil deserves due process.
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The Delhi High Court has recently framed new guidelines for settlement agreements in matrimonial disputes.
Read judgment in Chhatter Pal & Anr vs. State & Anr.
Crl. M.C. 6197/2023
Relevant Portion: Para 42
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Law is not a profession. It is a lifestyle. Anyone who wants to embark on the professional journey as a practising lawyer but is reluctant to embrace the lifestyle it demands will invariably falter.
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Most lawyers are very sceptical about sharing their knowledge and know-how, even with their juniors and associates, when it comes to the matters which the associates independently take up.
There are very few seniors with a golden heart who wholeheartedly support juniors.
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The most landmark judgment on Medical Negligence is Jacob Mathew vs. State of Punjab & Anr. (2005).
In this case, the Supreme Court held that a doctor could be held liable for negligence only if his actions fell below the standard of a reasonably competent medical professional.
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141
Nirmala Devi vs State of Himachal Pradesh (2023)
The Supreme Court of India recently held that stick is not a deadly weapon.
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Many lawyers have totally outsourced their filings to clerks for the sake of convenience. Although it helps us save our time which can be channelised for research, client acquisition and reading. But one must always be abreast with the filing procedure to be a complete lawyer.
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Without proceeds of crime, there cannot be any PMLA case. The factum of proceeds of crime can only be proven through documentary evidence. Custody of the accused is not required. Courts' presumption that the investigating agency always utters the gospel truth must be dismissed.
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Most law graduates nowadays are opting for jobs in the corporate law sector.
Litigation, which is the most exhilarating domain of the profession is not being frequented by the best of talents because of an extended waiting period.
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There is a huge misconception which is harboured by the legal industry that only NLU graduates are suited for corporate law firm culture and non-NLU graduates are not worthy enough.
(1/2)
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Being a good lawyer is not only about - hustle, cleverness and wit.
It's equally about - patience, calmness and composure.
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Joginder Kumar vs State of UP 1994 SCC (4) 260
This case pertains to a young lawyer who was illegally detained by the Police without any just cause. A habeas corpus petition was preferred under Article 32 of the Constitution.
Supreme Court circumscribed the power of arrest.
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The District Courts should not function on Saturdays. The kind of mental exhaustion that practicing law entails can't be undone in just one single day off.
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Went to this amazing cafe called the Green Lane at National Gallery of Modern Art near Delhi High Court. Discovered new place for post court hangouts!
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The Supreme Court of India is making the Executive uncomfortable. This is healthy for a thriving democracy.
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Dr. Abhishek Manu Singhvi has today given a masterclass in organised argumentation with clinical precision.
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Many lawyers who understand the application of law and how to navigate a case may not have a lot of work. Whereas, many lawyers who do not have the subject matter expertise but are excellent communicators and are good at networking, might have more work.
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@vivekagnihotri
@narendramodi
that’s the thing Vivek. You are just like other people who are illiterate, gullible & easily-fooled by the
#BJP
tactics. You, being an educated, enlightened person (supposedly) should have been someone calling their bluff. But you seem to be blindly following
#Modi
& BJP. Change!
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If you want to be a good litigator, you must: -
1. Be an excellent communicator
2. Possess brilliant writing skills
3. Be eloquent to express with clarity
Communication skills will translate into building a network - which will lead to actionable delivery of services.
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Narendra Modi should struggle. He should be humbled. His cult should be denounced. He should realise that he is biological and not God sent.
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The most landmark judgment which upheld capital punishment in India and propounded the rarest of rare doctrine is Bachan Singh vs. State of Punjab (1980).
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A quick 🧵 thread on 5 most important judgments of the Supreme Court of India touching upon the issue of sexual orientation.
(1/6)
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Law is the only profession where you learn and elevate your legal acumen at the cost of your client!
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"Educated man without character and humility is more dangerous than a beast. Character is more important than education...Knowledge is necessary. But morality is more necessary. Mere knowledge is dangerous. It's like a sword in the hand of man..."
- Dr. B. R. Ambedkar
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One of my seniors said to me once that we have to start with the low stake matters and learn on the job in order for us to become competent to handle high stake matters later.
The only thing that bothered me then and even till today, is if there is any low stake matter at all?
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The new rule which mandates at least three year practice or minimum 70% aggregate in law school to be eligible for Madhya Pradesh Judiciary examination appears to be a sound decision with the ostensible objective of improving the administration of justice.
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7
120
A short thread 🧵 on Mental Health For Lawyers
An advocate's mind is her greatest asset. Therefore, it is extremely important to take care of our cognitive skills. Mental health and happiness contribute to good cognitive skills. A balanced diet and exercise is non negotiable.
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Why am I sensing that
#LokSabhaElections2019
results will take everyone by surprise?
1. Modi will be defeated.
2. Regional parties will form a coalition reflecting diverse ideas & interests.
3.
@AamAadmiParty
will sweep
#Delhi
's 7 seats.
@AnkitLal
@dilipkpandey
@attorneybharti
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At 18-21 years of age, most people subscribe to the idea of socialism. At that age we have a burning desire to change the world and do something for the betterment of humanity.
By 24-25, we understand that the only path to happiness is earning hell lot of money.
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Most molesters are people in authority and therefore the victim finds it extremely difficult to speak out.
The trauma & nervousness prevents most victims from naming and shaming the abuser and they tend to behave normally.
It requires a great deal of fortitude to speak out.
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113
When I had just begun my journey in law, a senior told me that one needs to either be a good writer or a good speaker - to become a good advocate.
He never told me the importance of wit.
But now I know, the weightage wit carries, most importantly, in trial advocacy.
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Only evidence gathered through confession which leads the police to some recovery of body parts or murder weapon etc. would be admissible and be imperative for establishing guilt of the accused.
Read Section 27 of the Indian Evidence Act.
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All things said and done but how can SC refuse to delve into the question of the legality of stripping J&K of statehood on mere assurance of the Solicitor General?
That's lowering the academic threshold of a constitutional court by a great degree!
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110
Respect for seniors in litigation should be mutual and based on civility. It should always be a two way street. The idea of respecting seniors in the profession while needlessly tolerating their disrespectful nature is not healthy for one's growth.
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CJI D. Y. Chandrachud seems resolved to spearhead significant reform in the judiciary and reclaim its authority.
Hence, the Union Government appears very anxious.
The tussle over collegium is a symptom of what is brewing since the new judicial leadership assumed office.
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6
110
A senior advocate once told me that the Supreme Court was not just a Court of Law but it was a Court of Facts.
He said this to reinforce that mastering the facts in the brief took precedence to the law which could be applied to the matter.
Grip on factual matrix is paramount.
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111
Aghnoo Nagesia vs. State of Bihar 1966 SCR (1) 134
Appellant (accused of murder) confessed his crime and lodged the FIR himself. He revealed details regarding the occurence and the murder weapon.
The Trial Court convicted him u/s 302 of IPC and HC upheld the same.
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His answer should ideally have been names of criminals and gangsters who are wreaking havoc in India.
He gave a stupid answer to a stupid question.
Just because some people do not subscribe to the majoritarian idea, should they leave India?
This isn't nationalism but bigotry!
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107
No matter how ghastly the crime committed by Aftab Amin Poonawalla is, he is entitled to due process and a fair legal representation.
This is envisaged by the Constitution. It is not contingent upon popular opinion.
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108
A section of people are expressing consternation because
@MenakaGuruswamy
appeared for RSS.
I vehemently, vociferously and emphatically disagree with this idea.
Senior advocates are designated because of their standing at the bar and their intellectual heft.
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A lot of people are talking about the Supreme Court's late night intervention to protect Teesta Setalvad's liberty.
As a matter of fact, the judiciary's foremost duty IS the protection of personal liberty.
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