If Superior and Higher Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"......then there will be chaos and uncertainty

If Superior Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"......then there will be chaos and uncertainty in all criminal and civil cases unless such words are understood in proper context.

When a lawyer will cite precedents in trial court, the judge can disregard all those citations by writing one line that "facts on those cases are different". 

Thus all precedents will lose their persuasive value.

Arbitrariness in discretionary orders may follow.

Stability in law will become subjective and outcome of case will be different as per subjective views of each different Judge. 

The truth is, all judgements are given in the context of certain facts of each case. 

But underlying principles of law and of evaluation of Evidence remains the same. They must be applied in such a way that selective reliance on precedents is avoided.

Even when facts are different, the law and observations and principles discussed by superior courts are still supposed to have some binding value on lower courts to prevent uncertainty in Criminal Law.

Perhaps some balance can be found between Cetainity of Law and Certainty of Justice. 

Haresh Raichura 31/7/17 revised 31/7/20

#law #India

About the depression felt by Junior Advocates who fail to become a judge even after several Judicial Exams?

1) During law college years, they had dream of getting job in corporate law firm...  

2) When they didn't get job in law firm, they sat down to become a Judge by passing Judicial Exam. 

3) When they failed in that too, they had no option but to start their own law practice.

4) Now they began to notice that those who were dull and less intelligent then them, were making already good in legal profession. 

5) Now they began to feel as if they were drop out.

In these phases, they sufferred lots of anxieties, sleepless nights, deep depression and they also noticed how anxiety and depression affects a person's brain, health and his world view. 

Life however, is bound to survive against all the odds...

Nani Palkhiwala wanted to become a professor, He failed in interview. He was rejected. He started learning law and then later he joined legal practice and then he made it to top. 

So for them too, there are hopes.

(C) Haresh Raichura 31/7/19 revised 31/7/20

#lawstudents #junioradvocates #law #lawyerlife #lawfirms #career #howto #exam #junior #advocates #motivation #advocate #judge #judiciary #lawexams #judiciaryexams

On the tree of legal profession, fruits do not start growing from the next day. Once there was a young lawyer. #truestory

On the tree of legal profession, fruits do not start growing from the next day.

Once there was a young lawyer. #truestory 

He planted a tree and began to nourish the tree by watering it everyday. 

At night also he used to sleep under the said tree. 

He protected the tree against draughts and floods.

Then the tree began to give fruits. By selling these fruits he began to earn.

Then he rented a house and got married. Then he bought a car. 

His wife was also a lawyer. So they both began to nourish the tree. 

Now he purchased his own house. He got children. He put his  children in schools. And then in colleges. 

He got his children married. And he became grandfather.

During all these years he watered his tree everyday and he earned by selling fruits of the tree. 

One day he became old.

His children began to water the same tree and they continued his work.

Then one day,  one another young lawyer came. 

He also planted his tree. He began to water his tree daily. 

He wanted to see fruits on it very next day. But he saw no fruits for many days. Months passed. He lost his enthusiasm.

Finally one day he discarded the tree and left legal profession.

(C) Haresh Raichura 31/7/19 revised 31/7/20

#law #lawstudents #junioradvocates #careers #motivation #howto #success

How to brief a senior advocate . When a Junior Lawyer goes for conference to Senior Advocate, to brief him for a Supreme Court Appeal, he may expect following questions from Senior Advocate ...

When a Junior Lawyer goes for conference to Senior Advocate, to brief him for a Supreme Court Appeal, he may expect following questions from Senior Advocate ...

1) Who are we? ( Answer could be Petitioner, Respondent Plaintiff, or difendant, etc.... )

2) Who first went to the court ?

3) What was his prayer before trial court?

4) What did trial court do? What order did it pass?

5) Who went in appeal? Was there any cross appeal filed?

6) What did Appellate Court do? What order did it pass?

7) Who went to High Court? What did High Court do?

8) Why? Why did High Court do that? Show me page where High Court has given reasons?

9) And why do you say that this order of High Court is wrong?

Thereafter, a brain storming conference takes place in which possible arguments are explored..

Here, if you have engaged an experienced Advocate on Record, he could help Senior Advocate in a great way because he may have references of suggested orders which may be possible.

And he may have noticed some key fact which may not have been discussed in High Court judgement. This can sometimes make a great difference.

(C) Haresh Raichura 28/7/18 Reposted 28/7/20

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Extreme Motivation for a First Generation Lawyer. One First Generation Lawyer, without joining any senior, starts in trial court

Extreme Motivation for a First Generation Lawyer.

One First Generation Lawyer, without joining any senior, starts in trial court and begins with cases of death convicts.

He gets acquittal of one death convict. It becomes a history. And then it has now become a movie titled "Just Mercy". I just saw it on Amazon Prime.

If you are a first generation lawyer, and if you ever feel depressed for not getting a job in a lawfirm, or a placement in office of a senior, just see this movie.

It may give you extreme motivation.

Last words of movie are "Opposite of Poverty is Not Wealth. Opposite of Poverty is Justice."

In past, I too had a similar experience when I saved one death convict named "Bhagwan". It was a case done without charging any fee or expanses.

(C) Haresh Raichura 27/7/2020

#law #lawstudents #lawfirms #junioradvocates #lawyers #advocates #highcourt #supremecourt #movies #JustMercy

How Junior Advocates can write about their problems to High Court Judges. A method tested in 1982.

In 1982 when I joined a District Court Bar, there were two Bar Associations.

It appeared to me that office bearers of both these Bar Associations were pursuing their own interests and none was interested in problems of juniors.

I met two to three other junior members of Bar. We formed a Junior Advocates Forum (A platform to express problems of Junior Members of Bar). Letterheads were printed.

Then we wrote letters to High Court about issues that bothered junior members of Bar. 

Letters were addressed jointly to 1) Chief Justice of HC and 2) Adminstrative Judge of HC.

Soon follow up actions were noticed and grievence were redressed by District Judge. 

In 1986, I shifted from District Court to High Court and thereafter this Forum stopped.

---

Whenever we wrote these letters, we made sure that letters were very polite and gentle, there were no allegations against anyone. 

We just expressed our problems and then left it to wisdom of High Court judges as to how to slove our problems. 

We knew that they had vast resources to help us.

(c) Haresh Raichura 27/7/18 Revised 27/7/20

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