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Is Law a theory Subject?

CA SURENDRA KUMAR RAKHECHA , Last updated: 16 May 2012  
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Students dislike law due to “misconception” treating it as a theory subject. Although law is not a theory subject. Do you accept it? It not; read on.

The problem with  law books is: most of these have “text” of law only. Very few discussion is there and whatever discussion is there; is not sufficient to create “interest” in the subject.

Some “sections” are quoted and students find it difficult to understand the “typical” language written therein.  To overcome this situation; students  use to “learn” it  (by heart!) in question answer format from various books available in NOTES Format. This way they are unable to apply the subject “practically” when they qualify professional exams by “such” means.  

HOW LAW IS MADE?

As you know; now-a-days  “live in relationship” is “equivalent” to “marriage” as decided by courts of law.  Hence when such relations are “broken” by whatever reason;  “HEMAN” is required to pay maintenance to his ex-QUEEN.  Is this type of maintenance fixed by the courts justified?  The answer is yes.

Conclusion:

Law is made/amended when people try to distort it for their own convenience. More such law is made when certain developments are there in business and society. For example; previously books of account written in computers were not accepted.  And now ? One would laugh about the old perception.

(This is one the reason of various amendments in law from time to time).

WHENEVER YOU READ LAW BOOKS; KEEP THE FOLLOWING IN YOUR “OPEN”mind:

1.While reading a particular law subject; keep in your mind the OVERALL IMPACT thereof. For example;  what would happen if Companies Act is not in existence (happy moments for students) and promoters of the companies are allowed to run them in their own fashion (sad moments for the  shareholders).

2. Importance of any law can be judged by referring its PENALTY PROVISIONS.

3.Whenever an advocate argues a case before the court; he  actually “applies” his knowledge. Although there is no plus minus in figures but lots of ifs and buts are considered before arguing a case.

4.This knowledge he gets by reading various case laws in full  (not by just reading summary in 2-3 lines as you find in your text books and learn the name of case law  and the high court which has decided it in a particular year).

5. While reading the facts of the question; keep yourself in a position of either an advocate or a judge (choice is yours).

If you wish to argue the case in favour of your client;  be an advocate and if wish to listen it "silently” to both the sides; be a judge (humour).

6. For student studying income-tax etc.(especially for students in Final ); they should “analytically study ” the case laws either from Institute’s Journal and/or tax magazines which they may find in offices every week/month.  It may be time consuming initially but soon interest would be created in the subject.

7. READ A CASE LAW AS AN “INTERESTING STORY”  RATHER THAN TRING TO KEEP ITS NAME AND YEAR OF DECISION IN YOUR “MEMORY.”

8. To Check your status: 

A story can be retained in memory instantly as you read/listen. If you don’t  find this situation; it means you are not interested in the story.

9. Visit to relevant Courts and Government Departments with your group and  meet some persons there to have "some" knowledge how they apply their knowledge of law practically. 

10. MASTER STROKE: If still one thinks it is a theory subject; stay with it.

Supreme Court Advocate Abhishek Manu Singhvi charges Rs.50 Lacs a day to plead for his client.  

Interesting?

Can you still say “theory subjects like LAW” are not interesting?

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Published by

CA SURENDRA KUMAR RAKHECHA
(Practising CA at Surat)
Category Career   Report

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