Articles Archives - Lawwatch : Resources for Learners

On Writing a Judgement: A Simple Model for Learning

By K Rajasekharan 8 February 2024Articles

A Judgment is a reasoned pronouncement by a judge on one or more disputed legal questions involved in a case between opposing parties who argued before him with facts and evidence. A good judgment requires a good hearing by the parties on various aspects of the disputed issues.

Uniform Civil Code (UCC): Its Need & Purpose

By K Rajasekharan 7 February 2024Articles, Family, Marriage & Divorce

No doubt India needs a Uniform Civil Code (UCC). It is a constitutional mandate. Therefore, nobody can oppose it. What one can oppose is its contents, form or structure. Of course there can be deliberations as to what it should include and what it should not.

Judgements in Electronic Form : Digital SCR

By K Rajasekharan 28 January 2024Articles

The Supreme Court has brought out the Digital Supreme Court Reports. It is a digital version of the official law report of the judgements of the Supreme Court of India. It presents judgments in a digital, open-access format which is useful for the law students, lawyers, and the wider public.

Transfer of an Advocate to another State

By K Rajasekharan 31 October 2023Articles

Applicant shall apply for No Objection Certificate and copy of the State Roll from the State Bar Council where he has enrolled. After obtaining the above said No Objection Certificate and copy of the State Roll, applicant shall file an application before the Bar Council of India in Form C (under Section 18 of the Advocates Act) along with the D.D. for Rs. 2000/- (Rupees Two Thousand only) drawn in favour of ‘Bar Council of India’ payable at New Delhi.

An Advocate can Represent another Advocate in Court

By K Rajasekharan 22 October 2023Articles

An advocate having no Vakalath for a party in a case can appear in the court proceedings as per the direction or instruction of the advocate who holds Vakalath for the party in the case.

Advocates have no right to Boycott the Court

By K Rajasekharan 6 October 2023Articles

The Supreme Court (SC) says with unequivocal clarity that advocates have no right to strike and/or give a call for boycott of court proceedings. The Advocates have no right to abstain from appearing in court in cases in which they hold vakalat for the parties. It is a quite unprofessional practice for a lawyer.

Wearing of Gown Optional in District Courts

By K Rajasekharan 22 September 2023Articles

Wearing of advocates’ gown is not compulsory, but optional, in courts other than Supreme Court or High Courts, as per the Rules framed by the Bar Council of India.

Maneka Gandhi judgment simplified

By K Rajasekharan 23 May 2021Articles, Constitutional law

The judgment in Maneka Gandhi case ( Maneka Gandhi v Union of India: AIR 1978 SC 597) was a landmark judgment in the judicial history of India. It was a conscious attempt on the part of the Supreme Court (SC) in restoring the people’s faith in the judiciary which reached at its low in the seventies, particularly after the ADM Jabalpur judgment which is considered to be the most infamous judgment in India.

Need for Strengthening Subordinate Judiciary

By K Rajasekharan 23 May 2021Articles, Constitutional law

Strengthening subordinate judiciary – consisting of district and below level courts – is a much needed but grossly neglected reform. It has the potential to address the ever increasing problems…

Keshavananda Bharati Case

By K Rajasekharan 23 May 2021Articles, Constitutional law

The Supreme Court (SC) judgment in the Keshavanand Bharati case (Keshavananda Bharati v State of Kerala: AIR 1973 SC 1461), delivered exactly 47 years ago on 24th April 1973, stands out in Indian legal history as a beacon light.

Command of Language: Essential for Advocates

By K Rajasekharan 23 May 2021Articles

Introduction Nothing else is more crucial for an advocate for his professional success than his command of language. In fact the command of language is the key to success in…

Need to Develop Skills in Legal Drafting

By K Rajasekharan 23 May 2021Articles

A lawyer needs to write a lot compared to any other professional. Writing is a skill which anyone can acquire. Without good drafting skills no lawyer can survive. Writing is not just confined to constructing grammatically perfect sentences, with proper spelling and punctuation. It is much more than that.