Advocate Mrinal Kumar Jha

A humble suggestion to juniors about searching case laws.
I have a case where some new concepts of law need to be argued. A juror friend pulled out a Supreme Court judgement from Live Law which was against the point I wanted to argue.
This stumped me. So I sent him a brief message. I think all interns may benefit from these suggestions.
1. Never search laws to impress seniors that you have found a useful judgement. Search law to enhance your own knowledge in a particular branch of law. Raise above the judgement needed by Seniors. Seniors will come and go but your knowledge of law will remain with you for a lifetime.
2. Judgement should not be analysed without stating how facts of this case are similar to the case for which a senior needs assistance. You have to be clear first in case study is assigned to them. What are the facts in that case?
2. Judgement should not be analysed without stating how facts of this case are similar to the case for which a senior needs assistance. You have to be clear first in case study is assigned to them. What are the facts in that case? What was being argued by lawyers in the court below, who was the opinion of the trial court? Why did the court refuse to accept those arguments? Why did the appellate court refuse to accept those arguments? These judgements of courts below might have discussed sections of some bare act. Have you read that bare act. What were the objectives of that Act? Does this judgement enhance the objectives of the Act?
3) After studying the above points, then only you should see the judgement provided by Live Law or other similar reports. In the judgements you should see whether facts are similar? Then you should see what arguments are made in these judgments. Are these arguments similar to arguments made in our case. And secondly, all provisions and ruling mentioning in this new judgement should be read.
Then only, if you think that the judgement may be useful to seniors in his case, you should show the judgement.
Now the Hardest Point ***
This is a hard task. This is hard research. The top seniors are willing to pay handsome amounts to juniors who can do hard research.
Superficial judgement search only waste time of seniors.
I remember what a former solicitor general had said, "The judgements cited within the judgements are more important. They should be first read".
I am aware that 90% of you will casually read this post. But there may be 1% among you who will take this post seriously. With passage of time he will be considered fit to be Designated as Seniot even when his age may be young.
Mrinal kumar Jha
Advocate
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