Research

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How to do RESEARCH ?

Identifying Legal issue or problem.

Solving Research Problem through Sources of legal material.

Analysis of Resources collected.


 After reading the problem (at least 5 times) ,
first thing to be done is Framing of Issues.

 Relevant sections to be segregated.

 Research on relevant citations and case laws in


relation to Sections and Statutes.

 Analysisof the judgments and its binding nature


on the court to whom we are approaching.
 Sorting the relevant portion from the
judgment.

 Checking if the judgment is not overruled.

 Connecting the dots between facts and


circumstances and the relevant judgments
found.

 Citing in the Arguments .


Research Platform
• Online Legal Database (E.g. : Indian Kanoon , SCC
online (Paid) , Manupatra (Paid) etc.
• Authorities in Commentaries (E.g.: AIR, SCC repor
Bombay Cases Reporter, etc.)

Binding Authorities
• Supreme court judgements have precedence over H
Court judgements .
• Precedence of Division bench judgements over Sing
Bench.
Binding Authorities

•Supreme court judgments have precedence over High


Court judgments .

•Precedence of Division bench judgments over Single


Bench.
Citations
Bluebook Citation 20th Edition (Ideal Format of Citation)

• Format for case citation : [Case Name], [Year of case] [Volume No.] [Reporter] [Page
No.]

E.g.: State of Maharashtra v. Chandraprakash Kewalchand Jain, (1990) 1 SCC 550.

• Format for Statute Citation : [Statute], [Section], [clause no.], [year]


Indian Penal Code, 1860, § 376, cl. 2, sub. cl. j, No. 45, Acts of Parliament, 1860 (India).

• Journals Citation : E.g. : International Journal of Social Sciences, 3(3), 1365-1383.

• “Id” to be cited when the same citation has been cited above and “supra” when
previously cited.

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