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"The aim of an argument, or of a discussion,
should not be victory, but progress."
There are many crucial aspects which can be considered to be
resulting into Court craftship but most prominent amongst them are
highlighted here as under:
ONE - BE CORRECT ON FACTS
"
Judges are more intelligent than a litigant and a clever
litigant should disclose all facts correctly.
Judges never appreciate that a Petitioner or
Respondent conceals and/or misleads the correct fact even if it is
on record.
TWO - BE PRECISE
"
Judges love clarity in arguments. Be precise & never try
to overshadow their queries.
THREE - BE POSITIVE IN ARGUMENTS
"
Not just Judges, but a layman would also dislike negativity
in a normal talk. Positivity brings harmony.
FOUR - BE WELL PREPARED
"
Judges appreciate a well prepared person arguing
before them rather than a person who is struggling with his/her
brief.
Nobody likes to see an actor who cannot deliver
his/her dialogues properly.
FIVE – BE A PROVIDER
"
Always ensure that you carry all relevant documents so that
all oral submissions must be supported and provided with correct
and proper number of documents for Judges and opponents.
SIX – BE HELPFUL
"
Judges like advocates who assist the court with correct law
to decide a case.
SEVEN - BE AN ATTENTIVE LISTENER
"
Judges always appreciatea person listening
attentively. Don't simply repeat the words to
them. Rather use your own words to show that you have heard
attentively.
EIGHT - BE POLITE
"
Judges always appreciate a polite advocate rather
than a rude person speaking before them.
This content is purely an academic analysis under
"Legal intelligence series".
Disclaimer: The information contained in this document is
intended for informational purposes only and does not constitute
legal opinion, advice or any advertisement. This document is not
intended to address the circumstances of any particular individual
or corporate body. Reade should not act on the information provided
herein without appropriate professional advice after a thorough
examination of the facts and circumstances of a particular
situation. There can be no assurance that the
judicial/quasi-judicial authorities may not take a position
contrary to the views mentioned herein.
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In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.