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Arguement

I am very much new in the practice as an advocate. I file a complaint u/s 138 of NI act on behalf of my client. after filling i did verification and next date is 6th June for ARGUEMENT. So, i need help here from Senior Advocate. Pls Advise me how to Argue before the Hon'ble Magistrate. what should i do on arguement date? How to start Arguement? what point need to be say?

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3 Replies

Shree. ( Advocate.) 01 May 2009

Dear Navin Joshi,

Welcome to this LCI forum and you will see most of them come true here… Please wait for some time till our Ld.Senior Members and Experts to reply to your query.

Tell Good morning to your Judge comprising the bench on the day. Introduce yourself as “I am the counsel on behalf of the applicant /respondent.” Addressing the judge with respect is very important. The tone you speak in and the respect you show towards them is the only way to reach the pinnacle in your courtroom. Anyways, it’s a good practice to ask for the permission of the court before speaking. For example: “If it may please your Lordships, the counsel shall now state the facts”.

Coming to case which you filed, Read the case as many times as possible, and acquaint yourself with the facts of the case and the grounds of appeal. Read around the area of law that has been raised in the texts books. This will give you confidence and will help you find the relevant case laws, which you will have to read, as the judges ask questions based on the cases you cite. Also read articles regarding the same topic, which may be printed in periodicals or present online. These will not only improve your understanding of the point of law, but also may give you an extra line of argument and can, if necessary, be cited during the case. Once the facts are clear, you should make an outline of your arguments. Frame out the questions you plan to pose before the court. The number of questions should be limited. The questions should cover all the points you would have to argue in the case. If you do not know an answer to the question put forth before you, a simple smile with a line should rescue you. “The counsel pleads ignorance.”

Don’t worry! It’s not as tough as it seems...

B.N.Rajamohamed (advocate / commissioner of oaths) 04 May 2009

Sir,

How can there be an argument in the criminal case without trial? What is the stage of your case now? It will be posted only for arguments after the conclusiion of examination of PWs and after 313 Cr.P.C. questioning it will be posted for defence evidence only after the conclusion of it there will be arguments. First of all join under the guidance of a good senior advocate, get a good experience for atleast 5 years under him, then you do it independently. Don't take up this risk of conducting cases without adequate experience that may result otherwise there by causing much loss to your client. Do this profession procedurally and systematically.