How lawyers win and lose cases ?

Some times and some times lack of knowledge of judges.

Yes, I do agree with Adv Rajeev, ignorance of Judges  also contribute to the problems of litigation either as winning or loosing the case. we fight the case not merely for the sake of winning but to dig out the real truth so that justice may prevails, unfortunately in lower courts the perfomance of some judges is not a happy one.

We students get to know about the system through such threads. It is necessary for us too. I know advocates decide the fate of their case by looking at who is the judge in that case, not on how weak or strong their points on the case are.

Ms.Madhu,

This is very difficult to give such a generalize statement especially when the facts of every case are peculiar.  There are various factors which contribute in fixing the fate of the case.  Like Doctors say I treat and he cures likewise I would like to put in your statement in the framework of the inputs given to the Lawyer, his grasp on the subject, preparation, effort and perservance to deliver are a few things which count.

Is it fair on our part to pinpoint anything negative about our fraternity collegues and seniors as this is not a cricket match more so when in every case a lot is at stake.

Best Regards

Daksh

as said by expert find the advocate who knows the laws otherwise find the person who knows the judge

MR MADHU,

IT IS PERTIALLY TRUE AND NOT A GENERALIZE FORMULA.

I FEEL MR DAKHS RIGHT ON SAYING THAT -

"This is very difficult to give such a generalize statement especially when the facts of every case are peculiar.  There are various factors which contribute in fixing the fate of the case. "

MR SKJ.

"If Jethmalani or Fali Nariman or Arun Jetley is apprearing the judgements are defferent for same matter with same facts."

HOW YOU CAME TO THIS CONCLUSION?

Yes it depends on various circumtances. A case has no merit, the counsel streched it long that oppo party due to harassment left the battle halfway. The case got decided ex parte.

Winability also depends on the knowledge of the Judge, the nature and psycology of the opposite party. Some counsel advise their client to wait for favorable court. Some times bench cleks helps.
 Cleverness too is important to win the case.

Generally in criminal courts, we find public prosecutors are not very intelligent or thorough in criminal laws, but the judges themselves find out new case laws (not even quoted by PPs) and put them in their judgments. It is another sorry state of affair generally prevalent. (After all, both are paid by government).