October 20, 2013

Two methods to win an Appeal in Supreme Court #India

There are over a thousand advocates/Lawyers/Senior advocates in Supreme Court, who are wiser and more experienced than me. They know many methods to win an appeal in Supreme Court.

But, I know only two methods to win an appeal in Supreme Court. They are A and B.

A. Method Prepare arguments in two parts.

First, meet the reasoning of High Court Judge head on. Mostly people who come to Supreme Court are aggrieved by High Court Judgement.

High Court usually gives some reasons. Try to meet and demolish these reasons head on. Deal with them. Do not avoid them.

Secondly, show how total injustice is occurred to your client.

B. Method: Here you do not have to deal with reasons given by High Court.

Even if High Court's reasons are right, it doesn't matter.

Supreme Court has ample powers to pass any order in interest of Justice, even if all orders passed by all courts are totally legal.

Here, build your arguments in two parts.

First, show how total injustice has occurred to your client.

Second, show that there is no other subsequent stage or forum where this injustice can be redressed.

If you can satisfy Supreme Court judges in this way, they will themselves find out a way to do justice to your client.

Haresh Raichura
20/10/13