Understanding struggles of a first generation advocate

After college, (and for some after high school education) what comes to test is our capacity to earn and our capacity to settle as 'householer' and to support a family.

Some are born in rich and well connected families. They have good "starting capital".

In a book titled "Book of Mirdad", there is an allegory of people living in rabbit-holes at different heights on a mountain. The world is like this.

Thus, those who are born to parents living near mountain top, can easily reach to mountain top. They need to climb less. They have natural and geographical advantages.

And for those who are born to parents living at the bottom of mountain, it takes a longer time in climbing to the top of mountain.

Sometimes it takes a lifetime.

The life stories of first generation advocates are usually like "stories of climbing upward from the bottom of a mountain".

Thus, the struggle in legal profession for first generation advocates, is all about climbing to a higher rabbit-hole on a mountain known as "Judicial System"

(C) Haresh Raichura 29/12/19

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Haresh Raichura

16/12/19

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.