November 27, 2016

S-44 Tips for Junior Advocates: Never file proceedings under a wrong provision of law.

This was the first advice given to me by my Senior Lawyer Vasant J Desai.

Suits and Criminal trials pass through several stages. At many stages, trial judge has to pass mini judgements. Appeals, Appeals from Orders, Revisions, Special Civil Applications etc are provided.

If order is apealable, do not file Revision.

If you do such filings, you may lose respect of judge. He will begin to regard you as incompetent lawyer. Such reputation is very bad for Junior advocates. It ruins their chances of promotion to higher judiciary completely.

When in open Court Judge will dismiss your revision and will ask you to file proper appeal, you will lose reputation in eyes of other Advocates sitting in Court also.

So file interim proceedings after checking provisions.

Haresh Raichura 27/11/16