Thread : How to read a Legal Document. A small tip..
1) Clients come with heap of letters and documents and ask us to file their case.
There is a method about it which many #Lawyers use.
2) First, listen at length. Do not interrupt client if possible. Do not cross examine him. Do not disturb him. Avoid jumping to any conclusion about his case.
3) We cannot build our case on basis of what clients tell us.
We have to go through the papers he may have brought with him.
If there is a heap of papers, we may have to read them one by one.
Here, if we know some method, it helps. This method is the purpose of this thread.
4/ Take one paper, one letter or one document for reading.
First read, who is the author of this document?
Which authority has signed it?
What name is on the letterhead of document?
5/ Then next, try to find out Date of the document or letter.
What is the date of letter?
Is there any different other dates below sign?
Signing date, dispatch date, receipt date etc.
This can alert us if letter is "backdated" or if there is discrepancy in these dates.
6/ Then, check to whom this letter is addressed.
Who is the addressee? Or is this a general letter?
7/ Then, try to check what does the letter writer wants in the end of letter?
What is the ending of letter?
Does it give time period?
Does it give any order ?
Does is it ask for something?
etc.
8/ Above steps will create a frame work in your memory.
Thereafter, you can relax and if it interests you, if you think that this will be an important document, start reading it from top line of the letter to the last of the letter.
9/ An example. Many years ago, a client came to me. He has lost in courts below. It was his last chance in Supreme Court. He has came with three bag full of papers.
He wanted me to read all these papers before I prepare his case.
It was summer vacation. I had no other case.
10/ I told him that I can do focused reading only upto 5 hours in a day. If I have to read all these papers, it may take me 7 days. And while I read, he will have to sit with me to answer any questions that may come to my mind while reading. I quoted my fees. He agreed.
11/ For next 7 days, I read all his papers by applying method in tweet 4) to 8) above.
We discovered that one sale deed in the chain of sale deeds, was in name of some non-existant persons.
This one document turned his case around and he won in Supreme Court.
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Alas! Alas ! Alas ! If someone had told me this when I was young. I wish someone had told me then that “The Road of Goals is filled with pebbles of gold.”
All I needed to do was to lift pebbles and to finish goals mentioned under the pebbles.
2/ To understand a cryptic section, we #lawyers and #judges, read a sentence twice, thrice or till we understand meaning of each word.
If you will read earlier tweet in this thread again, you may find that the pebbles on the road to goals are very heavy. #motivation
3/ As I came out from the college, I saw that my friends were focusing on picking up pebbles of gold on the road of goals. I however kept gazing at stars, kept reading books and became an idealist. I did not gave much importance to pebbles.
Thread : Some Reasons on why Anticipatory Bail, even without copy of FIR, ought to be granted to those who fear arrest for some social media post, posted or shared by them.
1) It is possible for courts to grant anticipatory bail to any law abiding person under Sec.438 of CrPC
2) The meaning of Anticipatory bail is simply this, the police should not arrest, but should get some personal bond from accused that he/she will co-operate with investigation.
3/ The grant of an anticipatory bail order, instantly frees the accused from fear arrest and torture by police of different States. It frees him/her from fears of custodial deaths or ill treatment in police station.
1/ If you believe that nowadays it is very easy to get legal advice. Then, this thread is for you. This thread may help you to think totally differently on lot of things relating to court cases.
2/ There are thousands of free resources on internet when a person can ask legal advice. There blogs, articles, paid articles which comes up on search and there are judgements and judgements. Search and you may start receiving calls guiding you free on your legal issue
3/ Some can search lawyers on LinkedIn and can send a hundred inmails seeking advice. Someone may guide him free. "Crowdfunding of Legal Knowledge". Are these methods useful? Or are they just "Baits and Traps"? Have you ever thought in this way?
1/ भारत में कानूनी पेशे की वास्तविकता के साथ बैठक।
जून 1982 का दिन था। कोर्ट में मेरा पहला दिन था। मैं कोर्ट की कार्यवाही देखने के लिए चीफ ज्यूडिशियल मजिस्ट्रेट कोर्ट गया था।
स्वतंत्रता दिवस के बाद से गुजरात में निषेध कानून है।
नशे में पाए गए गरीबों को गिरफ्तार
2/ कर लिया गया है और उन पर अदालत में मुकदमा चलाया जा रहा है।
पूरे कोर्ट रूम में भीड़ थी और हवा में शराब की तेज गंध आ रही थी।
बचाव पक्ष के वकील भी पूरी तरह से नशे में थे।
जब भी वह जज को सबमिशन दे रहा था, उसके मुंह से शराब की गंध निकल रही थी।
न्यायाधीश पूरी तरह से मामले
3/ पर ध्यान केंद्रित कर रहा था। उन्होंने इस बात को नज़रअंदाज़ करना चुना कि बचाव पक्ष के वकील भी पूरी तरह से नशे में थे और उन्हें जेल भेजा जा सकता था.. न्यायाधीश ने बस गंध को नजरअंदाज कर दिया।
कोर्ट में यह मेरा पहला दिन था। मैंने सीखा है कि इस कानूनी पेशे में, हमारा पहला
1/ Meeting with REALITY of Legal Profession in India.
It was June 1982. My first day in court. I went in Chief Judicial Magistrate Court to see court proceedings.
There is Prohibition Law in Gujarat since Independance Day.
The poor, who were found drunk are arrested and
2/ are being tried in court of law.
The whole courtroom was crowded and there was a strong smell of alcohol in the air.
The defense counsel was also fully drunk.
Alcohol Smell was coming out from his mouth every time he was making submissions to Judge.
3/ The Judge was fully focused on the case on hand. He chose to ignore that defense counsel was also fully drunk and he was liable to be sent to jail.. The Judge simply ignored the smell.
This was my first day in court. I learned that in this legal profession,
INCREDIBLE IN INDIA Law Makers do not need to have a degree of law. Only for lawyers and judges, it is compulsory to pass a law college. No doubt, we have messed up everything. #Lawyers#lawtwitter
2/ New Laws are required NOT REQUIRED to be cleared by any Judicial Committee to examine how many more judges and staff will be needed to deal with cases under new proposed law.
3/ Finance Minister is NOT REQUIRED to provide budget for salaries of judges who may be required to deal with new litigation arising from new law. #lawyers