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Sushanta (student)     11 May 2010

weight of citation

Hello All,

Could somebody respond to the below mentioned query :--

Do  all the judgments (say judgments 'B','C','D') mentioned as citation in a judgment (say judgment 'A')  carry equal weight ? If no, then what  feature gives a judgment more importance then other judgment ?

Thanks in advance.

~Sushanta

 

 



Learning

 3 Replies

Piyush Vaishnava (Advocate)     11 May 2010

at the same law point all the judgment having equal effects and if in a whole judgment we found only some part relavent our case so its called "Obiter Dictum".

Sushanta (student)     11 May 2010

Hi Piyush,

Thanks for your response.

could you please tell me , "Is there any way to identify which of the citations are more important for the judgment " ?

Thanks in advance.

~Sushanta

Suchitra. S (Advocate)     11 May 2010

I feel you should know what are the issues raised in the particular case. The citations mentioned in a judgment relate to different aspects of the issues. Judgments which answers the basic question raised in a particular case becomes important for that judgment. Others need not be that important but nevertheless touch the issues raised.


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