Vivek's legal notes

Argument of ex-Attorney general of India Sh Mukul Rohatgi in Aryan Khan's case on 26th Oct 2021 starting at 4:19 PM and finishing at 5:38 PM. Lessons: Arguments are structured as 1. Introduction of the case/parties/why they are here. Went to trial court etc. 2. Case facts (No possession, no recovery, no medical test, no phone in panchnama when whatsapp is main evidence) 3. Objections (Arrested by non-police officer) 4. Law point - sections and applicability 5. Citations - read relevant paras etc. Day 1 Transcript from livelaw: 26 Oct 2021 4:10 PM Serial number 54 now called out. Commotion outside as certain lawyers from Aryan Khan's team were not allowed inside. Adv Satish Maneshinde goes outside to ensure the juniors are allowed inside. 26 Oct 2021 4:19 PM  Aryan Khan matter taken.  Sr Adv MukulRohatgi : I beg to appear in the first of these matters.  ASG tenders reply to the bail application. Mukul Rohatgi- I am sorry for this commotion. May I proceed? I appear for A1. ...

In Sec 43 district court, Chandigarh, there are 3 buildings. When you enter, the first building is the court building with different courts on each floor. The second building opposite to it houses notary on ground floor, canteen on 1st floor and some mediation rooms on 2nd floor. The third building is the advocate chambers block. To apply for certified copy, 1) Buy certified copy form worth rs 2 from any stationery shop. There's a stationary shop in building 2 and 2 stationary shop in building 3. 2) Buy revenue stamp worth 10 rs. 10 rs is the minimum you need to paste on certified copy form. While collecting the certified copy, they tell the exact amount, usually 2 rs per page. So, you need to buy extra tickets for remaining amount and paste it. 3) Fill certified copy form and give it to reader in your court room assuming the case is ongoing. If the case is completed, you probably do not need permission of the judge. You do not need any special permission to enter the court room. Y...

 The following are the notes from a video by Sumit Chander, an advocate with approx 20 yrs experience as practising advocate. After inspection of court file, your file should be exactly same as court file. Every line or dot in file is important which a judge might have put for some reason which you'd realize during arguments. The page numbers should be exactly same so that you can guide court in opening the exact same page. If something  in your favor, stress on it. If something against you, be prepared to answer it. Not just synopsis and list of dates and events, you should also read your pleadings including your plaint, WS. You must thoroughly read WS, what they have written in WS, they are going to argue same in court. In a suit, look at the issues framed by the court. When the court frames the issue, it also writes OPP/OPD which means onus of proof on plaintiff or onus of proof on the defendant. You must be able to prove the issue where onus is on you. Read evidence i.e. e...

 Principle:  Res Ipsa Loquitur & Negligence Per se In an ordinary negligence case, the plaintiff must prove that the defendant owed the plaintiff a duty and that his conduct failed to measure up to that duty.  However, under  res ipsa loquitur , the defendant’s negligence may be presumed and thus does need not be proven. The elements of  res ipsa loquitur  are: 1)  the defendant was in exclusive control of the situation or instrument that caused the injury ; 2)  the injury would not have ordinarily occurred but for the defendant’s negligence ; and 3)  the plaintiff’s injury was not due to his own action or contribution. If these elements are met, the burden shifts to the defendant to show that he was not negligent. Example: Res ipsa loquitur  is sometimes applied in medical malpractice cases where something obviously went wrong in surgery, for example, but precisely what went wrong cannot be proven. A foreign object might have ended ...

Bail is the rule and jail is an exception. Delhi HC in Swami Ganeshanand Vs State (NCT Of Delhi) , Bail Appln no. 1939/2020, lays down following factors for determining bail: Nature/Gravity of the offense The Role of the offender The circumstances involved Whether fair investigation would be possible Flight risk Possibility of tampering with evidence -- documentary evidence or physically influencing witnesses Non-cooperation Other surrounding circumstances Triple test for bail/AB: Dr. Singhvi shares that the test for bail is  a uniform triple test viz. denial only upon demonstrable showing of flight risk and/or non cooperation and/or tampering with evidence, documentary or physical. "The test for bail is flight risk, noncooperation and tampering of evidence. If court finds these three things are not likely to happen, then bail is granted." The three points 5, 6, 7 covers the triple test for bail. Often the bail gets denied based on judge's "apprehensions". AM Si...