How to learn to Argue Cases in Court

This is a very simple tip for young lawyers.

It is so simple that you would like to laugh it away as too obvious, too simple.

Arguments in a court is an Art

Learn it by practice, practice and practice.

There is no shortcut.

You cannot learn court arguments by sitting with senior advocates and by watching them performing wonderful arguments.

This art is like walking on a tight rope with a long stick, horizontally held in both outstretched hands for maintaining balance.

Do not keep watching arguments of others.

Start arguing your cases in courts.

If you will win, you will begin to develop a winning habit.

This is my too simple tip. In my view, there is no other way to learn Art of Arguing.

Haresh Raichura
22/04/2016

Know briefly About Powers of Supreme Court to Review or to set aside decisions of President of India

1) There is no doubt that President of India is The Supreme Authority in India.

2) But Constitution of India has provided for "Checks and Balances" to ensure that even if President of India takes a wrong decision, it can be set aside by Courts.

3) These powers of Courts are called "Powers of Judicial Review". No Authority or person in India  is above these powers.

Even decisions of Chief Justice of India can be challenged in Courts under these powers of "Judicial Review".

4) The powers are however very narrow and limited. Under these powers Courts are mainly allowed to see only two things :

A. Whether relevant material or information was placed before President when he was making the decision.

B. The decision itself does not appear to be based on some mala fide reasons.

These are the main narrow grounds on which Supreme Court can Judicially Review decisions of President of India.

The Court cannot substitute its own view in place of decision of President. It can only review or examine "Decision Taking Process".

Haresh Raichura
20/04/2016

Know difference between Criminal Defamation and Civil Defamation

1) Defamation cases are of two types, criminal and civil.

2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.

3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.

Here, court fees are NOT required at The level of a civil case.

At the end of case, court punishes offender  if defamation is proved.

3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.

Haresh Raichura
7/4/15