Aceptance of citations from other states
swetha
(Querist) 16 March 2020
This query is : Resolved
BackGround:
Dear Experts, I have filed case against my husband and his mother u/s 498-A and 4 of Dowry Prohibition Act.
Now the case is in Argument stage. The case is running Additional Mahila Court, Chennai, Tamil Nadu.
My Question:
1) Is it VALID if I submit citations/Judgments from High courts of Other states i.e., Karnataka, Andhra, Orissa, Delhi to support my case.
2) Or Can I submit citations/Judgements only from Supreme Court and High Court of Madras which is inside Tamil Nadu?
3) Will Mahila Court of Chennai, Tamil Nadu Accept judgements from Other States?
Thanks in Advance
Swetha.
SURESH BV, Advocate
(Expert) 16 March 2020
Ms.Swetha,
You can always refer the judgments rendered by Hon'ble High Courts of other State/s. But the discretion lies upon parent lower Court to rely upon such judgements which is not either binding or compulsory. On the other hand the parent lower Court cannot ignore the judgement/s rendered by the parent High Court and also the judgement rendered by the Hon'ble Apex Court shall be binding on all States.
N.K.Assumi
(Expert) 17 March 2020
Except the Judgments of the Supreme Court, all the judgments of other High Courts have only persuasive value and not a binding precedents to be read in other States High courts. A sound judgment can always be culled out from the J8udgment itself and the Judges can rely on it according to their expertise and wisdom..
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
1) Is it VALID if I submit citations/Judgments from High courts of Other states i.e., Karnataka, Andhra, Orissa, Delhi to support my case.
Reply:
It is valid to submit citations/Judgments from other High courts in support of your case.
You asked:
2) Or Can I submit citations/Judgements only from Supreme Court and High Court of Madras which is inside Tamil Nadu?
Reply:
You can submit citations/Judgements from Supreme Court and High Court of Madras which is inside Tamil Nadu and citations/Judgments from other High courts in support of your case
You asked:
3) Will Mahila Court of Chennai, Tamil Nadu Accept judgements from Other States?
Reply:
It depend on the case facts and citation / judgement submitted.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
The citations of various high courts can also be submitted if you cannot find a similar citation within your home state high court.
The court may analyse the citation and if found suitable i.e., if the same has no relevance or has been over ruled by a different judgment, then the trial court may not consider the referred citation.
swetha
(Querist) 18 March 2020
Thank you all experts Mr. Suresh BV, Mr. NK.Assumi, Mr. Rajendra K.Goyal, Mr. RajKumar Makkad, and Mr. T.KalaiSelvan.
Thank you again to all for your kind words.
Rajendra K Goyal
(Expert) 18 March 2020
Expert Raj kumar makkad Ji,
Thanks and feel obliged for your Comments.
Queriest,
Welcome and may revert in case of need.
KISHAN DUTT KALASKAR
(Expert) 19 March 2020
Dear Sir,
My answers are as follows:
1) Is it VALID if I submit citations/Judgments from High courts of Other states i.e., Karnataka, Andhra, Orissa, Delhi to support my case.
Ans: If citation from local High Court is not available on the particular issue then the Court may look into citations rendered by other High Courts also.
2) Or Can I submit citations/Judgements only from Supreme Court and High Court of Madras which is inside Tamil Nadu?
Ans: The citations of your High Court and Supreme Court are binding upon your Trial Court.
3) Will Mahila Court of Chennai, Tamil Nadu Accept judgements from Other States?
Ans: Yes, subject to above condition.
N.K.Assumi
(Expert) 21 March 2020
Consider this, if there are two different views of two different single judges from different States, judgment of the home state should be followed and so on, and if there is no judgment in the state court either single judge, benches etc, , the judge (s) certainly must exercise their expertise and wisdom..
