written statement in criminal proceeding

law has been created to enforce morality. If the law is not for enforcing morality then for what law is ?

Nowadays, there is popular rumour spread around the lawyers in our country that when a magistrate or a trial court judge (lower judiciary) shows more number of convictions, he gets into good books with the Government and higher judiciary and get quick promotions. I feel that is correct from the views expressed as theory is different from the court-room trials. Long Live Lower Judiciary!!!

Law may enforce morality but it is not the base of law. Law is different from morality. Different people coming from different walks of life have different standards of morality. As for e.g. having more than one wife in Muslims is allowed by law but the same is not true for any other community. If we go by moral standard, in Christianity even if a person looks at another person with an evil eye, that person commits adultery at that very moment. Can law punish such type of behaviour? Is there any such law? So, it is right practical life is completely different from the theoretical one. Same is true for law and morality. In law for adultery one has to prove intercrouse. In the recent SC judgement a photo with hands on woman's breast was produced in the Hon. Court, but the judgement was that it was simply attempt towards adultery and not adultery itself. How would you put it?

The people who say that the law written in book is different from the implementation of law... then why the book is written wrongly ....? If the implementation of the law is not as per law then how could the people beleve that the existing law is the nly law to be followed by the generations... If law in book is incorrect then the law books are misleading the public.... do you think in this way... Why lawyers are not fighting to implement the law as per books and write the law in book which is to be implemented....

 

 Law does not work like math problems, it is the skill of the advocate to change it in either direction. See  the following example-

                        GOD  IS  NOW  HERE

And                                                      GOD IS NO WHERE.

There is no addition or change of any word , just they are rearranged and meaning  has  changed dramatically.

Persons  who do not practice actually in courts will not be able to appreciate these finer points and hence as  a routine go on dishing advices, which has no relevance  or use to the actual victims.

Dear JSDN, This is what normally happenes in court by BAD advocates.... and mindless Judges who just listen to the advocates without application of mind. I know once case in which Wife said that she lived with husband for 15 days only but she got pregnancy of 28 days whereas the wife and husband did not meet physically for more than 3 months preior to wife lived 15 days with husband still wife claims that her pregnancy is of husband's one....? Even wife said that her preganncy is forcibly aborted by husband and based on these circumstances HONORABLE Judge took cognizance of harassment .... These things happens only in INDIA with Reservation for uneducated and Unfit and mindless people.

Do your home work properly , do not abuse any body. You can find faults in the case of opponent at any stage sufficient to demolish the case.

I will give a small example-

In an NI 138 case evidence affadavit was given and the matter was for cross and at that stage I joined the matter. Court was shouting to hurry up and the matter would have ended within a fortnight and with all possibility of conviction and fine. I just checked the records read them again and again ., no fissures what to do. Again I started from page one of the complaint with very minute scrutiny and I just found that there is no signature of any Judge on the VAKALAT of the complainant and so it is not exhibited. It was sufficient for me to raise objections that the advocate can not continue since he is not authorised. Every body said it is minor matter so I insisted for passing an order , the matter is hanging there since more than one year.

Dear JSDN, If my words hurted you please forgive me. I was telling that BAD Lawyers makes mistakes and BAD judges still take them as it is even the statements are irrelavant. I agree with you that the good advocates is the client and the Lwyer is the interpreter of the facts and normally Lawyer has great presentation skills that helps the judge not to apply spend time to find the appropriate point to realise the facts. Once gaina sorry if I have hurted you or others in any sense. As per my experience in Andra Pradesh Lawyers are so much dishonest and they always try to collude with other party or may try to cheat the client to extort money by prolanging the case unnecessarly.

When you do not get results the way you want you start complaining against the system or advocates. If you put some efforts to study your case properly this problem will not arise.

I am not having any issues with lawyers.... because I am handling my cases myself (Party-In-Person) whereas the people who get help from me they are very much suffered by the Lawyers.