Thread : What to keep in mind while arguing criminal cases involving finnancial frauds.

1) In cases involving murders etc, human emotions are involved. Various kinds of human circumstances evoke emotions that lead to the crime of murder. All these human factors are relevant.
2/ So even if it may look that the crime is such that death penalty should be given, when a lawyer minutely works on a series of emotional issues that lead upto the very minute of the crime, the judge may decide not to give death penalty.
3/ But cases involving financial frauds are different. Here the have usually zero sympathy towards accused.

These criminal cases of finnancial frauds are quite different. Sometimes amounts are huge and sometimes the amounts are very small..
4/ #Judges normally think like this in such cases, "I will convict this accused unless I am bound to acquit, no matter whether the amount is small or big, unless I am bound to acquit him because of some lacuna in evidence or because of some technical legal difficulty".
5/ So here a #Lawyers has to work on a) loopholes kept in such law by law makers themselves. These loopholes are such that big fishes can escape but small fishes remain trapped in law of net. The loopholes in such law are normally invisible to common man".
6/ Secondly, #lawyers have to focus on "missing links in evidence". In such money fraud cases, lot of money work behind the curtain. Accused are very powerful persons and they often ensure that crucial evidence is missing in police investigation chargesheet.
9/ Look around in #Courts to see how cases involving finnancial frauds are involved. The defense #lawyers may be arguing mostly about a) Technical issues and b) Missing evidences.

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More from @Hareshraichura

Jun 14
Thread : What care a #law #student should take while sitting in library, and digesting law #books? How should he navigate through thousands of books in law library of #college? What books to read and what to ignore?

1) The topic of this thread itself is complicated.
2/ But once I was also a law student. (In 1977). All the law books in law college library amazed me! It looked as if each book was radiating powers of the good over the evil. I had dreams of power and wealth and these books looked like my passport to a golden future.
3/ Do not blame me, if after reading this thread you become demotivated to read those AMAZING law books.

I may have tell you something which may not be found in ANY law book of ANY law college.
Read 27 tweets
Jun 13
Thread : Why a litigant gets embroiled in multiple cases even when he is not a fault....

1/ #Lawyers will naturally earn more when a client has to fight more than one cases. This issue need to be examined by those concerned with laws in #India
2/ One Example : Suit for possession without seeking decoration of title is not maintainable but a fresh suit can be filed.

1) So first a litigant files suit only for possession and obtains stay against sale of property.

2) When other side points out defect in title,
3/ then the plaintiff withdraws suit and files another suit for possession as well as declaration of title..

The client will have to pay more and more fees.
Read 6 tweets
Jun 13
Thread : The orginal debate on religions and Gods.

1) The orignal debates about must have started 10000 or 20000 years ago when humans lived in small tribes.
2/ At that time, the man noticed that even when odds were heavy against his survival, he received help from some unknown sources at last minute and he miraculously survived. These invisible sources of help were God to him.
3/ Then a dispute arose as to whether there was one God or many Gods and what were the right methods to acknowledge the invisible helpers.
Read 9 tweets
Jun 6
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.
Read 11 tweets
Jun 4
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.

#motivation
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.
Read 23 tweets
May 29
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.

#lawyers #lawstudents
Read 14 tweets

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