August 28, 2014

"I follow Calcutta-Practice. Read and Mark everything", Judge said to a junior lawyer

As the case called out, a junior lawyer from Appellant side stood up and said,"My case is covered by a direct judgement of this court." Then he gave case books to judges.

Judges said nothing.

They opened the book. Read the judgement. And listened.

And then one of the two judge told junior advocate that this was not a correct way to start arguments in an Appellate Court.

You should first state factual aspects of case. Other side should listen so that they can correct if wrong facts are given.

And only thereafter point should be canvassed. And then lastly, relevant judgements should be shown.

Then judge said, "I follow Calcutta-Practice. Read and Mark everything. I have read and marked case papers. I know the facts. But even then, it is on you to first present facts and only then argue."

And then the Judge showed Junior Lawyer his case paper book to junior lawyer to show his markings.

The Lesson.

1) Read everything.
2) Mark what you have read.


Haresh Raichura
28/8/14