validity of the precedents of supreme court and high courts
p.sanjay kumar jain
(Querist) 19 September 2013
This query is : Resolved
Dear advocates brothers I am practising as an advocate at lower court since ten years.and in my this years of hard work and struggle I have dealt many cases and I realy on the precedents of supreme courts and high courts.but in my years of hard work I had come across many occasions when the lower court ignore the judgements bluntly by saying this rulings are not applicable .and never discuss them in detail.then what the need of filing those precedents when they apply their own mind by ignoring these precendents.can't I question the judge under Rti act that what made him to ignore my citations.
p.sanjay kumar jain
(Querist) 19 September 2013
Can't I do anything except of filing appeal against the order because inspire of my written arguments and filing of a bunch of judgements exactly which are relevant are ignored totally by saying that these rulings are not applicable
.and as per the court admission of cheque and signature is sufficient for conviction inspite of good defence .I proved everything.
Rajendra K Goyal
(Expert) 20 September 2013
In spite of being disheartened, it should inspire you for more hard work. There may be a no. of reasons due to which Citation from you had not been discussed in the decision and under such circumstances going to appeal is way generally adopted.
Your arguments and hard work will pay you in long run and definitely one day any court will think twice to ignore arguments from you.
p.sanjay kumar jain
(Querist) 20 September 2013
Thanks for ur motivation but this is not the first time I had come across such problems.I really feel to quit this profession because I want orders not on face
p.sanjay kumar jain
(Querist) 20 September 2013
I want orders on merits and material on record. I want to address a letter to chief justice regarding the ignorance of referring judgements by lower court.shall I do that
V R SHROFF
(Expert) 20 September 2013
Talk with your frd of your Bar Association, and take any action jointly.
Rajendra K Goyal
(Expert) 20 September 2013
Agree with expert V R Shroff ji, joint action may fetch result. In absence of unity action, any step may target you.
p.sanjay kumar jain
(Querist) 20 September 2013
But the bar is not having a good leader and even the judges r aware of the strength and week ness of bar.and to the utter shock the judge by sitting in his chamber has passed suspension of sentence order and dismissed my time grant petition and when I requested to meet him he refused to allow me to met by saying he has no time.
p.sanjay kumar jain
(Querist) 20 September 2013
I have quoted the best of fourteen judgements relating to the case facts and the complainant has just filed one ruling.but the judge quoted that one and what he had said about my judgement is that these r not applicable
But did not discuss in any way why they r not related
And I am dame sure that my cases were 100 percent cases in favour of me.
p.sanjay kumar jain
(Querist) 20 September 2013
I have quoted the best of fourteen judgements relating to the case facts and the complainant has just filed one ruling.but the judge quoted that one and what he had said about my judgement is that these r not applicable
But did not discuss in any way why they r not related
And I am dame sure that my cases were 100 percent cases in favour of me.
p.sanjay kumar jain
(Querist) 20 September 2013
I have quoted the best of fourteen judgements relating to the case facts and the complainant has just filed one ruling.but the judge quoted that one and what he had said about my judgement is that these r not applicable
But did not discuss in any way why they r not related
And I am dame sure that my cases were 100 percent cases in favour of me.
p.sanjay kumar jain
(Querist) 20 September 2013
I have quoted the best of fourteen judgements relating to the case facts and the complainant has just filed one ruling.but the judge quoted that one and what he had said about my judgement is that these r not applicable
But did not discuss in any way why they r not related
And I am dame sure that my cases were 100 percent cases in favour of me.
ajay sethi
(Expert) 20 September 2013
each judgement has been given on basis of particular facts of the case . if the facts of your case are identical and the judge while passing the order has ignored the judgments placed on record by you then in appeal you have a good case on merits.
judiciary is overburdened . they do not have time to pass lengthy orders discussing all the 14 judgments cited by you .
go in appeal
p.sanjay kumar jain
(Querist) 20 September 2013
Thank u ajay ji.but that was an intentional bias judgement .and even the inner conscious of judge know well that he had done injustice and a wrong judgement is given by him.and I am preferring appeal but what about the judge who did wrong wantedly .can't I question the judge for his wrong.
