RIGHT OF W/S

Querist : Anonymous (Querist) 12 February 2010 This query is : Resolved
SIR,
I HAVE BEEN PRECTISING IN GUJARAT
I HAVE GONE THROUGH THE JUDGMENTS
{1] AIR 2006 GUJARAT 29
[2] AIR 2008 SC 2099
THE FIRST CITATION PROHIBIT THE W/S AT LATTER STAGE WHILE THE SECOND IS ALLOWED THE W/S AFTER THE PRISCRIBED PERIOD [90 DAYS].
SO ON WHICH JUDGMENT I SHOULD RELY BECAUSE IN THE 2ND JUDGMENT, THE 1ST IS NOT REFER.BOTH CASE S HAVE DIFFERENT CITUATION.SO HELP ME TO REACH AT THE CONCLUSION THAT WHETHER COURT CAN ALLOW THE W/S AT THE SAGE OF EVIDENCE OF DEFENDANT

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R.R. KRISHNAA (Expert) 12 February 2010
Each case depends on its own facts and circumstances.

Which judgment will apply? will a lot depend on the facts of your case and the citations on hand when compared.

B K Raghavendra Rao (Expert) 12 February 2010
You cannot file written statement at the time of evidence. Before the evidence commences, the court ought to have framed issues before it. In order to frame issues, the court would look into the plaint and the written statement. That stage has surpassed.

adv. rajeev ( rajoo ) (Expert) 12 February 2010
It depends on the facts of the case. Refer the supreme court judgement because it is binding on all the courts.

N.K.Assumi (Expert) 12 February 2010
Dear Anonymous, would be kind enough to cite the names of the parties you have cited the Supreme Court judgment?

Parveen Kr. Aggarwal (Expert) 13 February 2010
Out of the two Judgments referred to in your query one is of the Gujarat High Court whereas the other is of the Supreme Court. The Judgment of Supreme Court of India shall prevail and will be applicable.

Querist : Anonymous (Querist) 14 February 2010
AIR 2006 GUJARAT 29
VIDEOCON NARMADA ELECTRONICS LTD. V.NAVBHARAT FERRO ALLOYS LTD.

AIR 2008 SC 2099 --SCC 2008[11]769
ZOLBA V. KESHAO

Parveen Kr. Aggarwal (Expert) 17 February 2010

Article 141 of the Constitution of India:
"The law declared by the Supreme Court shall be binding on all courts within the territory of India."

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