Blue cases of junior advocates

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In their first cases, junior lawyers often forget everything when they stand up before the judge. Their mind go blank and they forget whatever they may have prepared to argue. These are called “Blue Cases” and they happen almost once or twice in life of all lawyer.

In 1988, I gave case to a junior advocate to argue as his first case. Case was good and High Court was sure to admit. I coached junior about what should he argue and assured him that he would succeed in his first case.

However, when he stood up before Judge, his mind went blank and he forgot everything. Judge was kind, so he prompted him to read his prayer in petition. The Junior began to read, “Your Lordships may be graciously pleased to issue writ of mandmus….” The Judge said al’right and admitted petition without troubling junior advocate further.

What I wish to say is this that in initial years, we all advocates are bound to make some blunders. It is natural. These are blue cases. Everyone has to pass through them once or twice in early years. There is nothing to feel ashamed about it.

#highcourt #careers #lawyers #nlu #courtcases #briefs #lawyerlife #lawstudents #legaleducation #court

Wonders of Trial Court Practice :-“How do you know that mother’s breasts are swelling with milk? Judge questioned routinely.

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Wonders of Trial Court Practice :-“How do you know that mother’s breasts are swelling with milk? Judge questioned routinely.

Trial court practice is wonderful. I had just joined district court practice in 1982.

A poor village woman came weepingly to me. She was deserted by her husband. Yesterday, husband had come and snatched away her baby and had went away to his home in nearby village Mangrol. Husband did not want wife. But he wanted baby only. So he took law in his own hand and snatched away baby from her vulnerable wife.

I rapidly drafted search warrant application and wrote whatever the wife told me. I moved application before Magistrate and narrated whole story before judge and said that urgent warrant is needed and baby needs to be restored to mother because her breasts are swelling with milk.

So judge looked in my eyes and, routinely asked me, “How do you know that mother’s breasts are swelling with milk?”

I do not remember what answer I gave. I simply blushed. I was unmarried. I had no knowledge !

I remember that judge granted Search Warrant as prayed for and with help of police, baby was restored to mother in about 10 hours. As per my memory, wife paid Rs.50/- or Rs.100/- for my fees, I am however not sure.

3/5/18 Reposted 3/5/19

#legaleducation #law

Are Private Companies bound to give maternity leave to employees?

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“Maternity Leave Fight” reached Supreme Court first in 1964.

The five judges bench gave verdict that even Private Companies cannot put a condition that an unmarried woman will have to leave service, if she marries.

The main objection of company was such that a married woman may ask for “Maternity leave” when she may become pregnant.

The objection was rejected by Supreme Court.
( Civil Appeal No.274 of 1964 dt.3/11/65)

After 54 years from that SC judgement, private companies still have reservations about giving “Maternity Leave”.

Now they put condition that if married woman will ask for Maternity Leave, her salary for that period will be cut off. It will be leave without pay….

The fight goes on ….

1/5/2018 Reposted on 1/5/2019

What is value of FIR or Complaint which is drafted by well experienced criminal lawyer?

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What is value of FIR or Complaint which is drafted by well experienced criminal lawyer?

There are thousands of cases where after incident of crime, complainant side consults a criminal lawyer first and then files FIR drafted by a lawyer. ( Mostly to add more relatives of accused).

Once in a case such fact was admitted by complainant and yet judges did not throw away FIR on ground that it is concocted by a lawyer.

There are two views.

1) According to one view, People do not know law and it is okay if they get draft their FIR by a lawyer and

2) Another view is such that such concocted FIR, prepared under guidance of lawyer, is devoid of truth and ought to be looked with suspicion.

I hope that some authoritative pronouncement should come on this issue defining value of such FIR.

Real legal cases are not like textbooks cases. Every legal case is different. Because human beings are different. Clients have different nature.l

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Real legal cases are not like textbooks cases. Every legal case is different. Because human beings are different. Clients have different nature.l Compass of facts is different in all cases.

Nearest examples are 1) Contract Cases and 2) 498a Cruelty cases.

Each contract case can be different because parties can set their own terms of contract.

Each 498A case will be different because in each case 1) Nature of wife, husband and relatives will be different, their conduct could be different, mental and physical cruelty will be different.

The laws are same but they are to be applied differently to different cases.

Do not go by “fly away” advices available on Internet. No information on net can fit into your precise case.

Go to any experienced lawyer practicing in applicable court. He will have knowledge of judge also. His experience and his knowledge of judge will give you correct advice.

Many times, “not to do anything for the now”, is the best advice.

Timings of action are also important.

Know that “knowledge of law” and “application of law” are two different things.

#legaleducation #law #inspiration #motivation #careers #498a #contract #business #litigation

Gandhiji’s Explanation about God :- ” I see that everything and everyone around me is dying or being destroyed. Behind all these, I see a set of mysterious laws operating in background

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Gandhiji’s Explanation about God :- ” I see that everything and everyone around me is dying or being destroyed. Behind all these, I see a set of mysterious laws operating in background. These laws are God or Giver of these laws is God.

It is not possible for me to understand these mysterious laws fully. But I believe that these laws are benevolent.

Though I do not understand them fully, it is safe to believe that these are laws of moral government. Love and truth are supreme good under these laws.

I cannot see these laws with my five senses.

But there are many things which we can feel though we cannot see them with our five senses. In same way, I feel these laws though I cannot see them with my five senses.

To see these laws through intelligence is meaningless unless their seeing also changes our heart and our conduct.

There is a timeless series of saints who have seen these laws and seeing these laws have changed their hearts and conduct. To deny these saints is to deny God.

It is impossible to prove these laws (God) through our five senses. My advice is ‘Do not attempt the impossible’.

(Paraphrased from Gandhiji’s 1931 speech)

Suddenly every judge in India has become bold and empowered and has now got power to punish any lawyer who abuses him or shouts at him or tries to bully

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Suddenly every judge in India has become bold and empowered and has now got power to punish any lawyer who abuses him or shouts at him or tries to bully him during arguments of a case….

It all happened suddenly and unexpectedly.

A week ago, an advocate while arguing a case in Supreme Court, abused and tried to bully one of the judges of a two judge bench.

The Judge did not take this lightly. This was a contempt in face of a court.

Old view was such thst when a lawyer commits contempt of Judge in face of judge, the judge issues him notice of contempt and transfers the case to another judge to deal with the contempt.

This practice was not working effectively. The procedures of issuing notice, proper service of summons, and then filing of reply, and then hearing in other court used to take months and years.

Now law has suddenly taken a leap forward. It has been held that when contempt is made on face of a Judge, the judge can punish him then and there itself…no need to issue notice.

It means this in simple words :

Every Judge in India is now armed with a new power in contempt law. Entire Judiciary has become stronger against 1) ” Lawyers who have nuisance value ” and 2) who “Pride themselves in bullying the judges”.

Indian judiciary has moved forward.

#legaleducation