Shivam Singh
@_SinghShivam
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During law school, I had the lowest passing grade in classes on Code of Civil Procedure.
Today, I secured a win and a reported judgment from the CJI’s courtroom in the
#SupremeCourt
on the interpretation of a CPC provision.
Moral: Your college grades do not define your career
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One of the earliest things that I learnt as a lawyer was that when it comes to payment of fees, a rich client routinely asks for discount whereas a poor one only asks for time
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It is infinitely repeated that young lawyers must join litigation and serve society
It is rarely urged that elder lawyers must pay salaries that exceed minimum wages
Until the legal profession is made welcoming, it will continue being exclusionary
#LawTwitter
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960
Bail matters are being argued like quashing cases
Quashing cases are being argued like Constitutional Validity cases
Constitutional Validity cases are not being argued because no time is left
#LawTwitter
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An arbitration award in India invariably represents the start of litigation as opposed to the end of litigation
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Just received an internship request email from a first year student of a three year law course and the chap described himself as an ante penultimate year student
These fancy terms are an absolute headache!
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Counsel: My Lord may grant an early date
Jus Waziri: April
C: I am in personal difficulty in April
JW: Full month? May
C: Getting married in April
JW: 100 Log Court Mein Hain Aur Aapko Tehzeeb Nahi Hai Ki Inhein Mubarakbad Dein.
Many unmute & congratulate
#courtroomexchange
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This desi obsession with NLUs and Non-NLUs needs to stop. It is pointless
There are enough people from NLUs that are slam dunk duffers and there are enough from non NLUs that are absolute superstars
We really need to invest our energies in better things
#LawTwitter
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The pace at which they keep amending IBC, I think lawyers will go insolvent buying the bare act ☹️
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Rushing to the Supreme Court directly under Article 32
Being swiftly directed to withdraw the petition with liberty to move the High Court under Article 226
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Any Indian who has studied abroad or harboured ambitions of studying abroad knows that it is almost impossible to do it without one of these 3 things
1. Privilege
2. Talent
3. Generosity of others
The rich may manage without 3. The others may not. Don’t ridicule
#crowdfunding
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Lawyer: Article 32 is my only remedy
SC: Withdraw and go to HC under Article 226
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3 kids at Law Faculty may not have thought that one day 3 of them together could be in Supreme Court & deciding one of the most fascinating constitutional challenges in India’s history
Campus Law Centre, Class of 82
1. Jus Chandrachud
2. Jus Kaul
3. Jus Bhat
#SameSexMarriage
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Just adding Lex or Juris before a name does not make it an appropriate name for a law chamber
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Do not believe any case related report about
#AryanKhan
unless it comes from
@LiveLawIndia
or
@barandbench
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All journalists at
@barandbench
as well as
@LiveLawIndia
should be given the Blue Tick by
@Twitter
They do such fantastic work at such short turnaround times
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Would some law student be adventurous enough to file a PIL seeking a page cap on judgments by courts
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The best litigation tip that I received was from Mr Shyam Divan, Sr Adv
Whenever a brief comes to you then read it & think of a constitutional law principle around it
Benefits
1. You’ll think better
2. Judges will hear something new
3. Other side will be surprised
#LawTwitter
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As Respondent, lost a case some years ago on a legal proposition
As Petitioner, cited the same case to secure relief yesterday
Litigation truly works in exciting ways
#Baazigar
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Lawyers who speak in the chamber are usually silent in the courtroom
Lawyers who are quiet in the chamber are usually argumentative in the courtroom
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The tendency to write legal opinions in incomprehensible terms remains a sign of weakness and not a matter of pride
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Senior Lawyers who have not helped young lawyers during the pandemic should voluntarily withdraw their candidature from
#SCBA
elections
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More cases are won by staying quiet in the courtroom than by arguing in the courtroom 👨💼
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Legal writing needs to be short and crisp.
Massive amount of time is wasted in understanding long laborious arguments.
As a general rule, if you can not make the argument in a few words then please do not make it.
#AcademicTwitter
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The lawyer issues that should be highlighted in
#SCBA
elections
1. Minimum Wages for young lawyers
2. Mental Health Guidance
3. Legal Brief Writing Sessions
4. Expedited Chamber Allotments
Lawyer issues which get traction
1. Badminton/Cricket Tournament
2. Canteen Food Menu
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The Supreme Court can be an overwhelming place because fresh SLPs are often heard for less than a minute & routinely dismissed without detailed orders
Jus Kaul ensured that young lawyers are heard patiently. He never bullied or hurried them. For this, I will always be grateful
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How difficult is it to describe yourself as a third year law student instead of an ante-penultimate year law student 🤯
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We need to ward off against
#UncleJurisprudence
The young petitioners moved a constitutional court (HC) as they apprehended a threat to their life.
The court decided to junk their plea not on the basis of law and facts but vague personal surmises!
H/T
@LiveLawIndia
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Quite sad that Justice Gita Mittal has retired as CJ of J & K HC.
I remember often appearing before her in the DHC. Hardly any judge encouraged younger lawyers more than she did. Shall always remain thankful to her and fondly remember her courtroom
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Had a tough hearing today.
Bench asked a query & I made a tangential point which made them snap.
Was tapped on my shoulder by Mr Dushyant Dave, Sr Adv. Told me to formulate my point differently & apologise as well
The sage advice was reassuring as it calmed me down
#Learning
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Law schools spend years teaching students the concepts of justice and equity
Law schools take seconds to abandon concepts of justice and equity while considering requests of students
It is infuriating to see the stunning lack of compassion by many law schools during
#COVID19
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On a day when Ms Rebecca John is rightfully the toast of town for winning an iconic
#MeToo
criminal defamation case, I feel it apt to share one of my prized possessions
A criminal trial book that was gifted to me by her at the end of an internship with a handwritten note
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Most lawyers genuinely think that they won a case because they argued extremely well and they lost because the judge just did not understand their arguments
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Foreign education is expensive
Foreign education without scholarships is often prohibitive
Seeking help is not a bad thing
One may choose to help or may choose to ignore it
To belittle someone for seeking help is rather cruel
#Crowdfunding
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If a husband rapes his wife, then Indian criminal law must not prefer to safeguard the institution of marriage over the bodily dignity and emotional integrity of a survivor
#MaritalRape
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Had two cases in the SC today
Lost one in which I vigorously argued
Won one in which I stayed absolutely quiet
🤷♂️
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Disagree with this approach. Saw a SC judge (Jus Lalit) not taking kindly to a young lawyer being berated by his Senior during the hearing
“Sir, the young man sitting next to you is instructing you & not briefing you. Afford him the respect that he deserves. SLP dismissed”
Nariman: To lose your temper at a judge is losing half the battle in Court. If you have a temper and get upset at what the judge says, control your temper. If your temper is uncontrollable, find some excuse to get angry at your junior sitting next to you.
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Justice Indu Malhotra shall demit her Supreme Court office on Friday
The SC shall then have one woman justice on its panel - Justice Indira Banerjee
The High Courts will have one woman CJ - Justice Hima Kohli
India needs to do better when it comes to supporting women
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Most lawyers speak as well as write terribly complicated English and yet seem to be proud about it
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The collegium until Justice Nariman demits office in August 2021
Jus N.V. Ramana (CJI)
Jus R.F. Nariman
Jus U.U. Lalit
Jus A.M. Khanwilkar
Jus D.Y. Chandrachud
#BombayBoys
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When you go to court for seeking an adjournment but end up getting notice and stay in your favour
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The Indian legal system often mistakes proficiency in English as a substitute for excellence in advocacy
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Don’t think
@LiveLawIndia
and
@barandbench
would be exchanging Christmas cards if this credit attribution issue doesn’t get resolved soon 😄
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Today, we must offer a silent prayer in honour of Article 226 of India’s Constitution
It ensures that citizens can access constitutional remedies through High Courts & in most cases on a priority basis
Bombay HC, Delhi HC and Patna HC have risen to the task
#COVIDEmergency2021
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How soon before we have Live Law citations and case notes instead of SCC ones being presented in court?
Extremely exciting to see this digital revolution unfold and quite sure that this healthy competition will spur SCC to become better too
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The Supreme Court most certainly feels like a breath of fresh air
Job well begun, Justice Lalit!
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This video is a devastating reminder that bullying can shatter a person’s self confidence and plunge them to despair
I hope this kid knows that he is not alone and there are lots of us that are rooting for him
Stay strong, Quaden!
#WeStandWithQuaden
An Aussie mum's strong message about bullying has gone viral and is breaking people's hearts.
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Law Schools do not teach us how to file a case, mention a case and to seek an adjournment.
These are 3 reasons for any litigator to never brag about their law degree, howsoever fancy the law school
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The urge to clean your desk when faced with a pressing work deadline is an absolutely real thing
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If anyone wants to understand the concept of “Doctrine of Necessary Implication” and “Plenary Powers” then please read DHC’s decision dated 15.11.2022 in College of Applied Education & Health Sciences v NCTE & Anr - WPC 7284/2022
672 connected cases decided in 33 pages
#Crisp
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Appreciation post for Jus AS Oka
1. Reads all the papers in cases listed before him
2. Asks pointed questions
3. Courteous to young and experienced lawyers alike
4. Open to being persuaded till the last moment
Absolute treat to argue in his courtroom
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Today is the day when everybody is an expert on Separation of Powers
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Did we only study Mughal history in school - No
Did we study enough of Southern Indian or North East Indian history in school - Also No
Courtesy history textbooks in school, do enough of us know about the historical contributions of Dalits and Adivasis - Definitely No
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God bless the person who first decided to offer the opportunity of judgeship to Justice AS Oka
Truly an asset and it is a pity that he will retire in a few months. Extremely fortunate that I have had multiple chances to argue before him
#LawTwitter
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No phrase has earned more money for the Desi lawyers than “My Lord may take it up on another day” 👨⚖️ 💰
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Lawyers spend way too much time quibbling over commas and full stops.
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At this rate, the Narcotics Control Bureau will soon summon Eric Clapton for singing Cocaine and Netflix for streaming Narcos
#DrugProbe
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The amount of fiction in internship certificates is almost as much as that in written submissions for court cases
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Justice Prateek Jalan is one of the best judges that one can argue before.
Calm, patient, decisive, knowledgeable and does not needlessly adjourn cases.
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Lawyers have way too many lawyer friends because other professionals choose their friends wisely
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There is a massive tendency in liberal circles to label a contrarian viewpoint as “Sanghi”
This is a juvenile approach & does nothing to advance the other person’s argument
Also indicates an unwillingness to engage with an inconvenient POV
Far too many of my friends do this
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Just had a two hour hearing before a Three Judges Bench of the Supreme Court on the difference between ‘Consuming Alcohol’ & ‘Being under the influence of alcohol’
Definitely one of the more challenging cases that I have appeared in
Looking forward to the reserved judgment
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Wonder how many lawyers became extremely rich by finding the most opportune moment to utter the phrase “Your Lordship may take it up some other day”
#Litigation
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The best time to announce a
#CrackerBan
for 2021 is today, the day after Diwali
Gives a year for the industries & workers to plan lives without it. Also gives courts ample time to carefully test its legitimacy and not be compelled to pass interim orders in the run up to
#Diwali
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Truly top class feeling when judges remember you from your previous appearances and address you by name instead of calling you as “Counsel” 💯
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Legal reporting would be so much poorer without
@LiveLawIndia
and
@barandbench
Exceptional work is being carried out by these platforms on a daily basis!
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Lot of talk about unfairness of Law Schools. When I wrote Exams in 2005, then there was no
#CLAT
.
I was admitted into NUJS. Paid 65K. Got into NLS. Left without attending a single class yet NUJS deducted 90% fees
Law school preached ethics but practiced something else 1/3
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I had never witnessed a designated Senior Advocate seek a Passover in the Supreme Court until today
Guess there’s always a first time
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These winters just make me wonder how did I ever muster the courage to wake up at 630/7 AM for going to school 🥶
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@AllBlacks
@Springboks
@GettySport
Pure class! Such grace in defeat is remarkable and sets a wonderful example for youngsters to emulate
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Patna High Court repeals the Advocate-on-Record rules
Advocates now do not need to qualify as AoRs to file petitions in the Patna High Court
CC:
@barandbench
@LiveLawIndia
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Really pity the lawyer who will have to draft the list of dates and prepare the pleadings if this Luthra-Saraf law firm saga were to reach court 🤯
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The only court craft that I have learnt during the Pandemic era can be summarised in two phrases
1. Am I audible?
2. Please unmute me.
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Depending on which side you represented, judicial verdicts can mostly be described as “Wow” or “How” 🤷♂️
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Some cases are won by arguing. Some cases are won by staying absolutely silent
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The recent collegium resolution by SC in the case of Saurabh Kirpal shows that it is by a Supreme Court which is willing to stand up, be counted and not give up without a fight
#SaurabhKirpal
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Affidavit filed by comedian
#KunalKamra
offers a scorching critique of the SC but mistakes rhetoric for substance.
It does not adequately meet the specific issue on which contempt notice was issued
If a joke is comedian’s perception then contempt is a court’s perception
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Appearing for a Government entity in a case tomorrow.
Wrote to them that it has been listed in court tomorrow and they can attend it incase they are keen.
They wrote back that I should attend it.
🤦♂️
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“On a busy day a lawyer is in more courts than a tennis player is in a year”
- Vikram Hegde
@vikramhegde
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The way to judge judges should be through this hierarchy
1. Operative part of their judgements
2. Theoretical discussions in their judgments
3. Oral remarks during courtroom proceedings
4. Speeches outside courtrooms
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Merely because some Senior Counsels started their careers while receiving a pittance from their bosses does not mean that they should now pay a pittance to young lawyers joining their chambers
Many young lawyers shun litigation careers due to these entry barriers
#BeTheChange
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DHC Judge: Law Students are a litigious bunch
Me: Their inspiration is Mr Datar. He sued his Law College for Moot Court issues, got a decree & was about to get their furniture attached via a bailiff. Perhaps these kids will follow suit & become a Sr Counsel
#courtroomexchange
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I have spent a few years at the bar & in this limited amount of time, I have not seen anyone argue better than what Mr
@KapilSibal
has argued in the 10th Schedule Constitution Bench of Shiv Sena
The pauses, the articulation and the granular detail of arguments
#Masterclass
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Congratulations to all those who have cleared
#UPSC
As a lawyer, I can only wish that all of you face no contempt of court cases 😄
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Fail to understand why so many lawyers keep flaunting their deficit sleep and lack of work-life balance
It is not a badge of honour but an immediate call to course correct
#LawTwitter
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The thrill of arguing a constitutional law proposition before a constitutional court is perhaps only surpassed by the adrenaline rush that one secures after conducting cross examination in a criminal trial
#LawTwitter
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Order passed on 10.09.2024
Case filed on 12.09.2024
Case heard & decided on 13.09.2024
This is extraordinary for most courts but pretty much standard practice in the Delhi High Court
#LawTwitter
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Arrest is not Conviction
Bail is not Acquittal
There is a need to temper down aggressive posturing and grandiose legal reporting when dealing with such cases
#LawTwitter
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A sincere student is more often than not a diligent intern.
Grades may not automatically make someone a successful professional but they usually instil a strong work ethic.
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Scene 1: SC authors a judgment of 187 Pages
Scene 2: SC urges everybody to be concise and succinct
'Judicial System Exists For Common Man': SC Emphasizes The Need To Write Short & Clear Judgments & Restrict Time For Oral Submissions
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The passing away of
#KesavanandaBharati
made me remember my most humbling moment in the SC
In 1973, my grandfather (Late D.P. Singh) argued the
#BasicStructure
case and in 2020, I had the privilege of interpreting it in the
#100PercentReservation
case
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A good way to humanise courtroom proceedings would be to replace “Prayer” with “Request for Relief”
Each time the term “Prayer” is used, it reinforces the idea that Judges are Lords
#LawTwitter
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On
@Twitter
everybody is an expert on the Code of Criminal Procedure & NDPS Act
Really enjoying the lessons from keyboard warriors on the appreciation of electronic evidence & powers of investigative bodies
Better to learn law on twitter than go to law school 😃
#DrugProbe
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SCBA elections are around the corner
Another year when many Advocates will share their vision about improving the working conditions of Supreme Court lawyers
Another year when they won’t speak about ensuring that Seniors do not make young ones work for less than minimum wages
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On 22.02.2022
#Twosday
I had two cases before the Delhi High Court
The DHC delivered two separate judgments and I lost both of them
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