+++(Part 1) Trends of Supreme Court Judgements and why I do not understand them

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It is not easy to understand trends of Supreme Court of India Judgements.

I may be practising here as lawyer since 22 years. But those who are practising here since more than 60 Years, are also not in position to explain or to predict the way in which Supreme Court may give its verdict.

In this first part, I am trying to explain reasons for this unpredictability.

1) Supreme Court, Constitution of India and Concepts of Laws, are always evolving concepts.

They are like living organisms which grow everyday. Compare them with ever flowing rivers. You cannot put your foot twice in the same river.

2) Sixth sense of Judges.

All judges from trial court to Supreme Court have sixth senses. They write in a formal and routine way. And yet, when one judge reads judgement of another judge, he gets some kind of extra sensory perception. Sometimes, such perception are crucial. They are not found in judgement. But sometimes, judges themselves tell us about it.

These are unpredictable. And in large variety. And are not taught in law schools.

In one subsequent part, I will state, what one SC Judge told us across Bar, for not setting aside acquittal of 12 murderers, who had murdered in broad daylight, in the middle of market of a village, in presence of 100 witnesses.

Still Supreme Court declined to set aside acquittal and told us “Sixth Sense” reason, on which basis Judges decide cases but do not write those sixth sense reasons in their judgements. All judges few very experienced lawyers have also sixth senses. So they to can understand.

3) No appeal against Supreme Court Judgement and they have no need to indicate reason for dismissing a case.

These gives them freedom at elbow in giving justice in last court. But there is also a danger that this freedom can tempt them to slip into “Meri Marzee Jursdiction ( My Sweet Will Jurisdiction)

Be it whatever it may be. But the fact remains that there are reasons because of which Supreme Court Judgement Trends remain unpredictable.

(Part 1 of this series complete)

Haresh Raichura
21/4/13 at 0:33 AM

Learn in 2 min all Laws of world (Hagel Philopher’s method) :->

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There are thousands of laws in India. Now International laws have started becoming binding on people of India because of Internet transactions.

You are asked to Agree on many websites on terms written in very small print.

It is bery difficult to know what exactly is the law.

Once, It is noted, that a man went a German philosopher Hegel and asked him, what is the law. And he said, tell me while I stand on one leg. In other words, he asked him to explain what is law in 2 mins.

Hegel said, “Do not do unto others what you do not want others to do unto you. All laws begin from here.”

So simple and beautiful. Most of laws of world starts from here.

In India, there are contradictory judgements of Supreme Court.

One judgement says that fine printed terms not binding to an illiterate person unless it is specifically brought to his notice.

Later judgement says, that even terms written on web site is binding when you by an air fare ticket.

Well, Hagel is my best guide. Any terms or laws contrary to it, ought to be, need to be challenged.

Haresh Raichura
16/3/2013