Appearances and Art of Advocacy – Drafting, Pleadings and Appearances Important Questions
Question 1.
Name forums where a company secretary in practice can appear as authorized representative.
OR
Write a note on the following; Right to legal representation under Companies Act, 2013.
Answer:
Following are the forums where a company secretary in practice can appear as authorized representative:
Under Companies Act, 2013:
Section 432 of the Companies Act, 2013 dealing with right to legal § representation envisages that the applicant or the appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any officer to present his or its case before the Tribunal (National Company Law Tribunal) or the Appellate Tribunal (National Company Law Appellate Tribunal).
Under TRAI Act, 1997:
Section 17 of the Telecom Regulatory Authority of India (TRAI) Act, 1997 authorizes Company Secretaries to present his or its case before the Appellate Tribunal; Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
Under SEBI Act, 1992:
Section 15V of the Securities and Exchange Board of India (SEBI) Act, 1992, permits the appellant either to appear in person or authorise one or more of Practicing Company Secretaries, Chartered Accoun-tants, Cost Accountants or Legal practitioners or any of its officers to present his or its case before the Securities Appellate Tribunal
Under Competition Act, 2002:
As per Section 35 of the Competition Act, 2002 Company Secretaries in practice are authorized to appear before Competition Commission of India. Authorities and the companies world over avail services of professionals to guide and advise them on various aspects of competition law. Professionals also assist companies in designing, implementing and maintaining effective competition compliance programs.
Under Real Estate (Regulation and Development) Act, 2016:
As per Section 56 of the Real Estate (Regulation and Development) Act, 2016 a Company Secretary holding certificate of practice can appear before Appellate Tribunal or a Regulatory Authority or Adjudicating Officer on behalf of applicant or appellant as the case may be. Hence a Company Secretary holding certificate of practice can:
- Represent a person (promoter) before any real estate regulatory authority for registration of real estate project.
- Represent a person before real estate appellate tribunal.
- Represent a person before Adjudicating Officer.
Question 2.
Enumerate the Appellate Authorities under the Securities and Exchange Board of India Act (SEBI), 1992.
OR
Enumerate provisions relating to appeals to Securities Appellate Tribunal under Securities and Exchange Board of India.
OR
Explain the following; process of appeal to Securities Appellate Tribunal under SEBI Act, 1992.
Answer:
Appellate Authorities under the Securities and Exchange Board of India Act, 1992 is known as “Securities Appellate Tribunal”.
According to Section 15T of the SEBI Act, 1992:
Any person aggrieved by an order of:
- The Board
- An adjudicating officer under this Act
- The Insurance Regulatory and Development Authority
- The Pension Fund Regulatory and Development Authority may prefer an appeal to Securities Appellate Tribunal having jurisdiction in the matter.
Time period of filing an appeal:
Every appeal shall be filed within a period of forty-five days from the date on which a copy of the order made by the Board or the Adjudi-cating Officer or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, as the case may be, is received by him and it shall be in such form and be I accompanied by such fee as may be prescribed.
Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
Procedure to be followed on receipt of Appeal :
On receipt of an appeal, the Securities Appellate Tribunal may, after j giving the parties to the appeal, an opportunity of being heard, pass j such orders thereon as it thinks fit by:-
- Confirming,
- Modifying, or
- Setting aside the order appealed against
The Securities Appellate Tribunal shall send a copy of every order made by it to the Board, or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, as the case may be the parties to the appeal and to the concerned Adjudicating Officer.
Endeavour shall be made by Securities Appellate Tribunal to dispose of the appeal finally within six months from the date of receipt of the appeal.
Appeal to Supreme Court:
According to Section 15Z of the SEBI Act, 1992, any person aggrieved by any decision or order of the Securities Appellate Tribunal may file an appeal to the Supreme Court.
Question 3.
Write notes on the following; Provisions relating to appeal before the j Competition Appellate Tribunal under the Competition Act, 2002.
Answer:
Following are the provisions for constitution of appellate tribunals j and appeals before such tribunals:
Section 5 3A of the Competition Act, 2002: Establishment of Appellate Tribunal
The Central Government shall, by notification, establish an Appellate Tribunal to be known as “Competition Appellate Tribunal to do the following:”
- To hear and dispose of appeals against any direction issued or decision made or order passed by the Commission under various sections of this Act.
- To adjudicate on claim for compensation that may arise from the findings of the Commission or the Appellate Tribunal in an appeal against and pass orders for the recovery of compensation.
Section 53B of the Competition Act, 2002: Appeal before Appellate Tribunal
Who may prefer an appeal:
The Central Government or the State Government or a local au-thority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause Section 53A may prefer an appeal to the Appellate Tribunal.
Time period for filing an appeal:
Every appeal shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the Commission is received by the aggrieved party and it shall be in such form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
Reasonable opportunity of being heard:
On receipt of an appeal, the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit by:
- Confirming,
- Modifying, or
- Setting aside the direction, decision or order appealed against.
The Appellate Tribunal shall send a copy of every order made by it to the Commission and the parties to the appeal.
The appeal filed before the Appellate Tribunal shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months from the date of receipt of the appeal.
Question 4.
Write notes on the following; Appellate authorities under the Income-tax Act, 1961.
Answer:
Appeals under Income-tax Act, 1961 may be preferred before the following authorities:
Appeal to Commissioner (Appeals):
Section 246A(1) of the Income-tax Act provides that any assessee aggrieved by any order of an Income-tax Officer, as prescribed in the section may appeal to the Commissioner (Appeals) against such order.
Appeal to Appellate Tribunal:
Appeal against the order of the Appellate Assistant Commissioner or the Commissioner (Appeals) can be preferred by the assessee or the Income-Tax Department and such appeal lies with the Appellate Tribunal.
Appeal to High Court:
Appeal against the order of the Appellate Tribunal can also be preferred by the assessee or the income-tax department and such appeal lies to the High Court.
Appeal to Supreme Court:
According to section 261 of the Act, an appeal shall lie in Supreme Court from any judgment of the High Court delivered on a reference made under section 256 or an appeal made to High Court in respect of an order passed under section 254 in any case which the High Court certifies to be a fit one for appeal to the Supreme Court.
Question 5.
Write notes on the following; Main functions of Directorate of Enforcement.
Answer:
“Directorate of Enforcement” is a Multi-Disciplinary Organization mandated with the task of enforcing the provisions of two special fiscal laws:
- Foreign Exchange Management Act, 1999 (FEMA) and
- Prevention of Money Laundering Act, 2002 (PMLA).
Functions of the Directorate of Enforcement are as under:
Contraventions under Foreign Exchange Management Act, 1999:
Investigate contraventions of the provisions of FEMA which came into force with effect from 1.6.2000.
Contraventions of FEMA are dealt with by way of adjudication by designated authorities of ED and penalties upto three times the sum involved can be imposed.
Contraventions under Prevention of Money Laundering Act, 2002:
Investigate offences of PMLA which came into force with effect from 1.7.2005 and to take actions of attachment and confiscation of property if the same is determined to be proceeds of crime derived from a Scheduled Offence under PMLA, and to prosecute the persons involved in the offence of money laundering. There are 156 offences under 28 statutes which are Scheduled Offences under PMLA.
Render cooperation to foreign countries in matters relating to money laundering and restitution of assets under the provisions of PMLA and to seek co-operation in such matters.
Contraventions under Fugitive Economic Offenders Act, 2018:
Processing cases of fugitive/s from India under Fugitive Economic Offenders Act, 2018. The objective of this Act is to provided for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian Courts and to preserve the sanctity of the rule of law in India.
Contraventions under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974:
Sponsor cases of preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) in regard to contraventions of FEMA.
Question 6.
Enumerate the Appellate Authorities under the Telecom Regulatory Authority of India Act, 1997.
Answer:
Establishment of Appellate Tribunal:
“Telecom Disputes Settlement and Appellate Tribunal” (TDSAT) has been set up under section 14 of the TRAI Act, 1997 to adjudicate disputes and dispose of appeals with a view to protect the interests of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the telecom sector.
Functions of Appellate Tribunal:
The functions of the appellate tribunal are to adjudicate any dispute between a licensor and licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any decision or order of TRAI, the appellate tribunal consists of Chairperson and two Members.
Appeal to Supreme Court:
Section 18 of the TRAI Act provides that notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law, an appeal shall lie against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court.
No appeal shall lie against any decision made by Appellate Tribunal with the consent of the parties.
Every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against. The Supreme Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
Question 7.
Write note on the following; Affidavit-in-evidence.
Answer:
Affidavit-in-evidence is a document filed by the parties and their witnesses to prove the facts stated in the pleadings. It contains a verification i.e. it is under oath having attested before an oath commissioner or a notary public or any other authority.
Following are the important points to be kept in mind while drafting and filing an affidavit-in-evidence:
1. The best evidence is that of a person who was personally involved in the whole transaction. In case, that person is not available for any – reason, then any other person who has joined in his place to make deposition by way of his affidavit.
2. In case, the petitioner himself was involved in the execution of a con¬tract, he should file affidavit-in evidence.
3. The allegations or charges or grounds relating to facts should be re-produced duly supported by documentary evidence.
4. The position of law or legal provisions or principle of law need not be reproduced because the position of law or settled principles of law are not required to be proved by any party.
5. According to Section 5, Indian Evidence Act, 1872 evidence may be given of facts in issue and relevant facts.
Expert’s evidence
In case, the point or issue pertains to engineering, medical, technology, science or other complex or difficult issues, then the evidence of expert is to be filed in the form of his Affidavit. If necessary, the said witness has to appear before the Forum for the purpose of cross-examination by the counsel for the other party. For instance, hand-writing or finger print experts etc.
The party who is filing the affidavit-in-evidence should also file documents, papers or books or registers to demolish the defence or case set up by the opposite party.
It is permissible for a party to bring any outside witness, other than the expert witness in support if the facts of the case so warrant and permitted by the Court/Tribunal.
Tendering of Affidavit in Evidence:
At the time of tendering affidavit-in-evidence, the party must bring along with it either the original of papers, documents, books, registers relied upon by it or bring with it the carbon copy of the same. It may be noted that only photocopy of any paper or document cannot be relied upon and tendered as an evidence.
Habib Khaft v.Valasula Devi AIR 1997A.P 52:
“It is well settled that evidence should be tailored strictly according to the pleadings. No extraneous evidence can be looked into in absence of specific pleadings. ”
Question 8.
It is incumbent upon a party in possession of best evidence on the issue involved to produce such evidence and if such party fails to produce the same, an adverse inference is liable to drawn against such party. Explain.
OR
Write notes on the following; Rules of Adverse Inference.
Answer:
Adverse interest rule refers to a principle that if a party fails to produce a witness who is within its power to produce and who should have been produced, that failure gives rise to an inference that the evidence is unfavourable to him.
Applicability of the Rules of Adverse Inference:
The adverse inference rule applies only when a party has relevant evidence within its control which it fails to produce. The logic supporting the adverse inference rule is that a party fails to produce evidence in its control in order to conceal adverse facts.
In the case of Ms. Shefali Bhargava v. Indraprastha Appollo Hospital &Anr. 2003 NCJ 787 (NC) it was held:
“It is incumbent upon a party in possession of best evidence on the issue involved, to produce such evidence and if such party fails to produce the same, an adverse inference is liable to be drawn against such party. The Court will be justified in drawing an adverse inference against that party.”
In the case of Dr. Harkanwaljit Singh Saini v. Gurbax Singh &Anr. 2003 NCJ 800 (NC):
“It is equally incumbent upon a party to produce evidence of some expert where the issue involved is a complex or difficult one as for instance, issues pertaining to engineering, medical, technology or science etc. Since the court cannot constitute itself into an expert body and contradict the claim/proposition on record unless there is something contrary on the record by way of expert opinion or there is any significantly acclaimed publication or treatise on which reliance could be based.”
Question 9.
In the light of judicial pronouncement, discuss the following; A party can produce expert evidence in the cases involving complex or technical issues. (December 2016, 4 marks)
Answer:
In case, the point or issue pertains to engineering, medical, technology, science or other complex or difficult issues, then the evidence of expert is to be filed in the form of his Affidavit. If necessary, the said witness has to appear before the Forum for the purpose of cross-examination by the counsel for the other party.
For example: Hand-writing or finger print experts etc.
Dr. Harkanwaljit Singh Saini v. Gurbax Singh&Anr. 2003NCJ800(NC)
“It is incumbent upon a party to produce evidence of some expert where the issue involved is a complex or difficult one as for instance, issues pertaining to engineering, medical, technology or science etc. Since the court can not constitute itself into an expert body and contradict the claim/proposition on record unless there is something contrary on the record by way of expert opinion or there is any significantly acclaimed publication or treatise on which reliance could be based.”
Question 10.
State the arguments on preliminary submissions.
Answer:
Following should be laid before a Judge while arguing on preliminary submissions:
The true and correct facts regarding the issue involved and which have been suppressed or not disclosed by the other side in the pleadings.
The provisions of law or legal objections relevant and applicable to the issues so as to demonstrate that:-
- The relief being claimed by the opponent is not eligible to be granted.
- The relief being claimed by the party should ordinarily be allowed as per those provisions of law.
Before incorporating the above, lawyer/authorized representative should be thorough with the provisions of law and interpretation, thereof supported by relevant judgments so as to ensure that the submissions being made on behalf of the client are accepted and upheld by the Presiding Officer/Court/Tribunal as the case may be.
For example: If a claim being opposed by a lawyer/authorized representative is evidently barred by limitation, such an objection should be taken in the preliminary submissions/objections. Such type of submissions/objections should be duly supported by law on the point or by relevant case law/judgments.
Question 11.
Examine and discuss the following; Arguments on merits.
Answer:
Arguments made about the facts pleaded by the parties are termed as arguments on merits.
While addressing arguments on merits, a lawyer / authorized representative should carefully point out the
- Pleadings of the parties N
- The relevant evidence in support both oral as well as documentary.
- All or any contradiction extracted from the opponent or his/her witness during the course of cross-examination and relating to the factual issues involved in the matter, should be highlighted so as to draw attention of the Court/Tribunal towards such facts/contradictions.
For example: Where an agreement/contract of service is pleaded and there is no evidence either oral or documentary on record in support of such an agreement/contract, it should be specifically pointed out that the opponent has failed to prove/establish that such an agreement/ contract actually exists or that the same had actually been executed at all.
Question 12.
Write a note on the following: Dress Code.
Answer:
A dress code is a set of rules governing a certain combination of clothing. Apart from the legal profession, professional dress code standards are established in major business organizations and these have become more relaxed in recent decades.
Dress codes vary greatly from company to company, as different working X environments demand different styles of attire.
Getting dressed for work is to project a profession and competent image. % If one behaves like a highly-trained and well-groomed professional, you will win the respect and honour of your valued clients.
Question 13.
What are the guidelines for professional dress code of members of the Institute of Company Secretaries of India.
(1) Dress code for Male members
(2) Dress code for Female members
(3) Dress code before the tribunals
(4) Dress code while in employment.
OR
In a seminar on ‘appearance in courts’, the keynote speaker highlighted the significance of dress code for a Company Secretary appearing in courts representing his company-in-lis. A debate set in when a lady CS insisted that there should be no dress code for ladies while appearing before Courts/Tribunals.
Explain the importance of professional dress code and state the guidelines for professional dress of Company Secretaries.
Answer:
In professional life it is important to look presentable because personal appearance counts. How you look can be a major factor in how you are perceived by others. How you look, talk, act and work-determines whether you are a professional or an amateur.
Impact of dress code:
The way you dress, speaks volumes about who you are as a person and as a professional. Whenever you enter a room for the first time, it takes only a few seconds for people you have never met to form perceptions about you and your abilities.
Your clothes and body language always speak first. So it is important that your image gives people the right impression.
Some of the perceptions people can form solely from your appearance are: your professionalism; your level of sophistication; your intelligence and your credibility. Whether these perceptions are real or imagined, they underscore how your appearance instantly influences the opinions of strangers, peers, and superiors. Being well dressed in a corporate setting can influence not just perceptions, but also promotions.
Guidelines for Professional Dress of Company Secretaries given by the Institute of Company Secretaries of India
1. Dress Code for Male Members:
The professional dress for male members as prescribed by the Institute of Company Secretaries of India is Navy Blue suit and white shirt with a tie (preferably of the ICSi) or navy blue buttoned-up coat over a pant or a navy blue safari suit.
2. Dress Code for Female Members:
The professional dress for female members would be saree or any other dress of a sober colour with a navy blue jacket.
3. Dress Code before the Tribunals:
Practising Company Secretaries appearing before any tribunal or quasi judicial body should adhere to dress code if any prescribed for appearing before such tribunal or quasi judicial body or if allowed the aforesaid professional dress.
4. Dress Code while in employment:
Members in employment will wear the dress/uniform as specified by the employer for all employees or if allowed the aforesaid professional dress.
Question 14.
Explain and comment on the following; Etiquette is the art of be-having in front of others.
Answer:
Etiquette is the fine art of behaving in front of others. It is a set of practices and forms which are followed in a wide variety of situations. Many people consider it to be a branch of decorum, or general social behaviour. Each society has its own distinct etiquette, and various cultures within a society also have their own rules and social norms. In today’s world of business, professionals need to know-how to conduct themselves within the business world. One of the best ways to do so is to practice good professional etiquette.
Question 15.
What is meant by etiquette? What are invitation etiquettes to be observed by a Company Secretary?
Answer:
“Etiquette” is the fine art of behaving in front of others. It is a set of practices and forms which are followed in a wide variety of situations.
Invitation Etiquettes:
A response to an invitation says volumes about social skills. It reflects negatively if the response or lack of response to an invitation costs time or money for the host, following invitation etiquettes should be followed:
- Reply by the date given in the invitation, so that the host or hostess knows what kind of arrangements to make for the event, food is not wasted, and unnecessary expense is eliminated.
- If an RS VP card is not included, respond by calling or sending a brief note.
- If you cancel after initially accepting an invitation, phone your regrets as soon as possible. Send a note of regret following the phone conversation.
- Don’t ask for permission to bring a guest unless the invitation states.
- Arrive at the event promptly, but not too early.
- Mingle and converse with the other guests.
- Don’t overstay your welcome.
- Extend your thanks as you leave.
Question 16.
What is meant by professional etiquettes? Mention any ten commu-nication etiquettes to be observed by a successful Company Secretary.
Answer:
Professional etiquettes:
In today’s world of business, professionals need to know-how to con-duct themselves within the business world. One of the best ways to do so is to practice good professional etiquette.
Practicing good professional etiquette is necessary for professional success in the emerging business scenario which is constantly changing and making the market place more competitive and contestable.
Good professional etiquette indicates to potential employers that you are a mature, responsible adult who can aptly represent their company.
For example: Dealing a client with confidence, acting appropriately at business interactions and knowing the proper table manners at a business dinner are some of the necessary skills today’s professionals must have.
Communication etiquettes:
Following are the communication etiquettes to be observed by a successful Company Secretary:
- Always speak politely. Listen to others attentively. A good listener is always dear to every client.
- While speaking over telephones, always greet the .other person while starting and ending the call.
- Speak only when the other person has finished talking instead of interrupting in between.
- Show interest in what other people are doing and make others feel good.
- Stand about an arm’s length away while talking to others.
- Question another person in a friendly, not prying, manner.
- Make eye contact when talking to others.
- Be polite.
- Avoid foul language, unkind statements, and gossip.
- Keep your conversations short and to the point.
Question 17.
ABC Ltd. wishes to draw a note of duties for its newly appointed Company Secretary with respect to court, client and opponent while rep-resenting the Company in a case before the Competition Commission of India, New Delhi.
Draw out a draft note of Company Secretary duties along these lines for consideration of the Chairman and Managing Director.
Answer:
Following are the duties of a Company Secretary:
Duty towards Court:
a. A Company Secretary shall, during the presentation of his case be¬fore a Court/Tribunal, conduct himself with dignity and self-respect and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
b. A Company Secretary shall maintain a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.
c. A Company Secretary shall not influence the decision of a Court by any illegal or improper means. Private communications with the judge relating to a pending case are forbidden.
d. A Company Secretary shall use his best effort? to restrain and prevent his client from resorting to sharp and unfair practices or from doing anything in relation to the Court, opposing counsel or parties which the Company Secretary himself ought not to do.
e. A Company Secretary shall not enter appearance, act, plead or practice in any way before a Court/Tribunal or any other Authority, if the sole or any member thereof is related to the Company Secretary.
f. A Company Secretary shall not appear in or before any Court or Tribunal or any other Authority for or against an organization or an institution, society or corporation, if he is a member of the Executive Committee of such organization or institution or society or corporation.
g. A Company Secretary should not act or plead in any matter in which he is himself interested.
Duty towards client:
a. CL A Company Secretary shall not ordinarily withdraw from engagements once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client.
b. A Company Secretary shall not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if being engaged in a case, it becomes apparent that he is a witness on a mate-rial question of fact, he should not continue to appear if he can retire without jeopardizing his client’s interest.
c. A Company Secretary shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client’s judgment in either him or continuing the engagement.
d. It shall be the duty of a Company Secretary to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other.
e. A Company Secretary shall not at any time, be a party to fomenting of litigation. A Company Secretary shall not act on the instructions of any person other than his client or his authorized agent.
f. A Company Secretary shall not do anything whereby be abuses or takes advantage of the confidence reposed in him by his client.
Duties towards opponents:
a. A Company Secretary shall not in any way communicate or negotiate g upon the subject-matter of controversy with any party represented by an Advocate except through that Advocate.
b. A Company Secretary shall do his best to oarry out the legitimate promise/promises, made to the opposite-party.
Question 18.
Write notes on the following; Court craft.
Answer:
Court Craft is an art of advocacy which in essence means to convince the judge and others that my position in the case is the proper interpretation. The aim of advocacy is to make judge prefer your version of the truth.
It is learned when a professional enter the practicing side of the profession. It is necessary for them to learn art of advocacy or court craft for effective delivery of results to their clients when they act as an authorized representative before any tribunal or quasi judicial body.
Apart from the legal side of the profession, advocacy is often useful and sometimes vital in client interviewing, in negotiation and in meetings, client seminars and public lectures. It is a valuable and lifelong skill worth mastering.
Technical and legal knowledge about the area in which Company Secretaries are acting is essential. Better their knowledge, the better their advocacy skills and the greater their impact. Good advocacy or negotiating skills will not compensate for lack of appropriate knowledge.
Question 19.
What are the advocacy tips to be borne in mind by a Practicing Company Secretary while appearing before the tribunal?
Answer:
Tips given by legal experts/professionals like Company Secretaries should bear in mind while appearing before Tribunals or other quasi judicial bodies. According to them, while pleading, a judge in your pleadings looks for:
1. Clarity: The judge’s time is limited, so make the most of it.
2. Credibility: The judge needs to believe that what you are saying is true and that you are on the right side.
3. Demeanour: We don’t have a phrase “hearing is believing”. The human g animal which includes the human judge, is far more video than audio, g The way we collect most of our information is through our eyesight,
4. Eye contact: While pleading, maintain eye contact with your judge.
5. Voice modulation: Voice modulation is equally important. Modulating your voice allows you to emphasize the points you want to emphasize.
Be very careful about raising your voice. Use your anger strategically. But use it rarely. Always be in control of it.
6. Psychology: Understand judge’s psychology as your job is to make the judge prefer your version of the truth.
7. Be likeable: At least be more likeable than your opponent. If you can convert an unfamiliar Bench into a group of people who are sympathetic to you personally, you perform a wonderful service to your client.
8. Learn to listen : Try to become a good listener.
9. Entertain your judge: Humour will often bail you out of a tough spot.