whether judgements can be annaexed in the W.S

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
Dear Sir,
Please inform whether the judgements can be annexed in the Written statement filed in response to the Writ Petition filed by employer?
Please inform whether Photocopy extracts from the journals such as SLJ,SLR can be annexed with the W.S?
OR
Only certify copies issued by the Court needs to be annexed?

Since the font size of the Journal extracts are not clearly legible whether it is compulsary to attach the certify copies only?

Please inform at earliest

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Kiran Kumar (Expert) 22 September 2010
you may mention about the relevant parts of the judgments in the WS itself. At the time of arguments the said judgments can be presented in the court and discussed accordingly.

R.Ramachandran (Expert) 22 September 2010
As rightly pointed out by Mr. Kiran, you can cite the relevant judgement - say AIR 1959 SC 211 etc., and also give relevant extract of the judgement which support your point of view.
You can take photocopies (sufficient numbers - depending upon the number of judges on the bench hearing the case, and also to the opposite party) of the relevant judgement and hand over during the course of hearing to the benefit of the judges. You should not underline or highlight any portion in the copy of the judgement.
In view of this, there is no need to attach a copy of the judgement along with the written statement.

Y V Vishweshwar Rao (Expert) 22 September 2010
You may file a memo along with W S stating that you are relying on Judgments mentioned by you .

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 September 2010
It is misconception that judgements as a rule are accepted and helpful to you. So use them only during arguments because in over confidence some of the part in any judgment may go against you and you have to repent later against a expereinced advocate of the opponent.

Uma parameswaran (Expert) 22 September 2010
You can give photocopies of the citation during argument stage.

Chanchal Nag Chowdhury (Expert) 22 September 2010
What are U trying to drive at?
In WS, U plead facts & not law.This is what happens to overenthusiastic litigants who feel they have learnt sufficient law while actually having warped ideas about law.

Raj Kumar Makkad (Expert) 22 September 2010
I completely concur with shashikumar.

Querist : Anonymous (Querist) 22 September 2010
This has created confusion where some of the xperts said to mention to relevant part of judgement such as AIR,SCC etc and while some says that to mention only the facts and not law?
Whether facts supported by the law will creates hassle?

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