Applications For The Posts Of Law Clerks - High Court Of Himachal Pradesh Page 4


(a) The Law Clerk shall conduct such research as to facts and law on
any case or cases pending before the Judge to whom he is
attached as and when he is entrusted to do so by the Judge
concerned. The Law Clerks would conduct the research in printed
or in electronic form, statute, resolution, text etc. on the related
question of laws and report the result of such research to the Judge
orally or in writing as required. In doing so, the Law clerk would
have to analys various factual aspects and facets of law involved.
(b) The Law Clerk may participate in the oral discussion of the Judge in
the residence of the Judge or in the Judges chamber or at the
discussion amongst Judges who are hearing a case or have heard
the case to then extent allowed by the Judge or Judges concerned.
(c) In any matter listed for final hearing before the court the Law Clerk
shall have to read the file in advance and prepare a brief containing
a summary of the facts of the case, final decision of the court below
if any, the reasons thereof and the issues of fact or law thereon for
adjudication. Such bench memorandum would fairly represent the
contentions of the respective parties without any bias in favour of
one party or other. The Law clerk in the memorandum would not
express his opinion as to the correctness or otherwise of any plea
of any of the parties, but may indicate as to whether a particular
plea is supported by or is contrary to any documentary or oral
evidence or any precedent of the Supreme court or any High Court.
The Law Clerk would be obliged to keep the contents of the Bench
memorandum and his discussions with the Judge absolutely
(d) The Registry would also maintain absolute confidentiality of the
Bench memorandum and follow a procedure by which even when
files of the cases are circulated to the residences or chambers or
court halls, the Bench memorandum is kept absolutely confidential.
confidentially at the residence of the Judges only and in case of
need for consultation therewith kin court, the Judge concerned
would issue necessary directive(s) to the Law Clerk and the Court
master for production thereof.
(e) In any matter other than final hearing matters, the Law Clerks may
prepare such synopsis of facts and conduct research on the law as
may be required by the Judge.
(f) The Law Clerk must conduct necessary research in the Judges
library of the High Court or the residential library of the Judges
library or the High Court or the residential library of the Judge or
other library or through internet and must keep themselves abreast
with the latest precedents of the Supreme court and of the High
Courts, more particularly of this Court so as to be of maximum
assistance to the judge concerned as and when necessary.
(g) It shall be the duty of the Law Clerk to attend the residence of the
Judge concerned in the mornings and evenings or on weekends
and during holidays as may be directed by the Judge concerned.
(h) It shall be the duty of the Law Clerk to attend the court of the
Judge concerned and take notes of the arguments of the counsel.
(i) The Law clerk may verify the final judgment prepared by the Judge
to ascertain to refer to some arguments of the counsel or the errors
as to the facts or grammar or construction of sentences. It shall be
his duty to draw the attention of the judge concerned to such
omissions or errors, if any.


00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal
Page of 6