In Court Rooms, the Government should argue like an honest litigant.

In Court Rooms, the Government should argue like an honest litigant.

Exactly this was the purport of what Supreme Court said in case reported in AIR 1974 Supreme Court page 130.

"But it must be remembered that the State is no ordinary party trying to win a case against one of its own own citizens by hook or by crook."

The Supreme Court went further to say that State should not try to defeat Justice to its own citizens by resorting to technical pleas.

Years and years have rolled by after above judgements. Again and again Supreme Court has reiterated it's hopes that State and it's agencies should not use their mighty powers to defeat it's own weak and poor citizens.

We however continue to see cases where State is arguing technicalities to avoid substantial Justice to litigants.

When can you ask damages from Govt if you have been subjected to a false criminal case?

When can you ask damages from Govt if you have been subjected to a false criminal case?

S Nambi Narayanan  2018 (11)SCALE page 171 on page 184 in para 31, says that when criminal law is set into motion without basis, Art 21 is violated and a person against whom any false case is filed is entitled to compensation. It seems from the case that there are two rights

(1) this right is under Public Law under Art 226 or Art 32...(2)  The damage he can claim in suit could be additional remedy.

The law here is in evolving stages. It is for trial court and high court advocates to expand this law of damages by leading appropriate evidence in fit cases

Because in this case, even if suit for damage was pending, Supreme Court awarded damage of Rs.50 Lakh for malicious prosecution.

This is Law of Torts in action.

(c) Haresh Raichura 26/9/18 Revised and Reposted 26/9/19

#law #lawstudents #junioradvocates #advocates #howto #supremecourt #torts #falsecase

Need for some training under some senior after graduation in law

An example to show that Law Degree without practical experience is of little use. #truestory

A fresh law graduate in #Delhi became advocate and started practice on his own. He did not thought it fit to work under a senior lawyer.

He had scored high in law exam and he was from a prestigious law college. He was proud of his knowledge of law.

A poor man came to him. His landlord had filed eviction Petition against him under Sec.14(e) under Delhi Rent Act. 1958

He looked up latest law and felt that Judge had committed blunder in entertaining this petition.

He filed petition in court saying that Sec.14(e) Rent petition was not maintainable since 1995 Delhi Rent Act has been passed. He prayed for dismissal of eviction Petition.

After hearing, Judge dismissed his application saying that Delhi Rent Act of 1995 is still not notified and is not applicable.

Because of this wrong application of Junior advocate, the 15 days time to file Leave To Defend by tenant expired...

Eviction decree was passed automatically against tenant and he lost his residential premises.

It is advisable for a new advocate to get training under some senior lawyer for at least for six months.

(c) Haresh Raichura 19/9/19

#law #Lawstudents #junioradvocates #lawfirms #experience #advocate #careers #job

Is Law really an ass? There is a saying that the "Law is an ass." After 37 years in practice in law, I think that I have found an answer.

Is Law really an ass? There is a saying that the "Law is an ass." After 37 years in practice in law, I think that I have found an answer.

The answer is, "Sometimes it is an ass and sometimes it is not an ass."

In one ancient army, an arrow was stuck in head of a soldier. He went to external doctor. The external doctor removed half of the arrow which was visible.

Regarding arrow which was inside his head, he advised him to go to Internal Doctor. He said,"It is jurisdiction of Internal Doctor to remove that part of arrow."

When I see Justice losing against games of jurisdictions, I remember this story.

At othertimes lawyers try to outsmart judges. They file multiple cross proceedings in such a way that Justice gets locked in their games.

When I see judges seeing through these games, and when they do justice anyhow, I remember that "Law is not an ass".

You have to get into arena of courtrooms to see exciting games and exciting battles.

Those who have read Perry Mason series of novels, know how exciting courtroom dramas are.

(C) Haresh Raichura 18/9/19