Thread (1 to 13) "Sir, how to write judgements? I am preparing for #judiciary exams" asked a final year law student.
1/ I have no idea whatsoever about how judiciary exams are being conducted and what types of judgements they want candidates to write in exam.
2/ But this post can give you my perspectives on judgement writing.
First, in your mind, replace word "Judgement" with word "Opinion".
3/ A trial court's Judgement is only a Trial Court Judge's written opinion about case before him.
4/ A High Court Judgement is only an Opinion of a High Court Judge about case argued before him.
A Supreme Court Judgement is only opinion of Supreme Court Judges who authored the judgement.
5/ Opinions are not final truths. Opinions can be different by different judges of same case. Opinion of same judge can also change if some new arguments are presented in similar case at a later date..
6/ These perspective may stop overwhelming your mind with the word "Judgements".
All judgements are nothing but opinions. Some opinions can be binding to some parties and some may not be binding to some parties.
7/ Keep your mind open while reading any judgement. Remember that judgements are opinions.
8/ Judgements are written so that the orders passed by Judge, do not look arbitrary to litigants and to superior appeal courts.
9/ Then it is supposed to say what were the arguments of plaintiff and what were the arguments of defendants
10/ Then it is supposed to formulate which main points are required to be decided in this case.
11/ The Judge is supposed to write his own opinion about this controversies. He is supposed to deal with all points he himself may have formulated for decision. These are often called "Findings" and "Conclusions". But these too are opinions and they can be erroneous.
12/ And then the judge is supposed to write some final order directing parties to act in a certain way.
13/ If you are preparing for Judiciary exams, then do not consider above points as guidelines. Follow guidelines suggested by your professors, coaches and teachers. Whatever I have written above is just my "Opinion" and that too can be erroneous.
Thread (1 to 8 ) 1/ A liftman in my chamber building recently committed suicide. We are taught in colleges that Law is considered science of social engineering.
Then can we explain position of law relating to suicide of this liftman ?
2/ He was in his 40th year. He used to salute me everytime I enter and leave lawyers chambers. Like all other lawyers, I also used to give him tips. But then nothing more.
3/ When I heard about his sudden suicide, I first time realised that he too was a human being with emotions. So far I used to see him only as a liftman.
2/ It was around 1991. I was preparing for AOR Supreme Court Exam. It was my first attempt at this exam. I had rented one room at about 200 feet distance away from my house.
In this room, I used to go to read for about 8 hours a day.
I used to study alone.
3/ (In 1975 around, I had picked up a quote from a book, "Isolation and Discipline are essential for progress of an Individual". I used to follow this concept wherever I can.)
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.
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..
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..
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.