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