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498 A fighter (Advocate)     16 October 2012

Authencity of citatations

A very important and some time confusing to lawyers also:

the question is:

[1] What is the aurthenticity of the citations/judgements which are taken from the internet or from the various law site like LCI, India kanoon etc.?

[2] upato what extent court will consider them reliable in judgement or trial?

[3] Can those citation / judgement need any other proof for their authenticity?

Now every one is taking help of the internet also it is not possible to find/ photocopy from the law books or from journals if the incident is of rare category but important for trial.

[4] Is the same question of authenticity holds for News papaer available on internet?

as this is matter of hard discussion in intelectual but none can gave any resonable answer and  proof  of its importance.

any one can focus on this matter is highly appreciable, and it must be valid in law wise also.if proof  of such matter is there then post them for the references.



Learning

 3 Replies

Tajobsindia (Senior Partner )     16 October 2012

 

Originally posted by : aneesh trivedi
  XXX
A very important and some time confusing to lawyers also
XXX
 


For your 1, 2 and 3 Judgments that are published in approved Law Reporters are authentic proof of Court reportings. Any member of the Bar has access to such authentic Law reporters take help from them.

For your 4 I am still struggling to reach rank and file of intelectia so I will skip answering it for the time being and suggest to put Que. 4 in Expert section least they turn it down citing “academic query”
J  


However all your 4 questions never confused me till date !

498 A fighter (Advocate)     16 October 2012

Originally posted by : Tajobsindia

 

Originally posted by : aneesh trivedi

XXX
A very important and some time confusing to lawyers also
XXX


For your 1, 2 and 3 Judgments that are published in approved Law Reporters are authentic proof of Court reportings.

Thank you tajob sir , i am hoping that the answer will come from stanely sir first, but sure that your answer will clear all doubts , but as you quoted "Any member of the Bar has access to such authentic Law reporters take help from them." this the most common and serious problem in small city just we can say district courts also that the lawyers are not using the help of internet citation and judgement ,

second thing in most of courts the working is in hindi or in regional languade and citation and judgement are in english only expert or highly qualified person/lawyer can interprete them.

so this draw back make city lawyer not lawyer,advocates to say that the internet documents are not having much weitage. also they are not equiped with printer and net if available then they are not using it just typing and printing is sufficient rest of the time their computer work like multimedia.

third and important thinkgthey feel shame that they are just taking the work easily from others, when they find from book means it is very hard work for them and is 100% reliable .here i mean to say it is very rare chance to get any member.

as you said it is authentic proof so articles or reports in question paper published and uploaded on net should also be authentic as if they are authentic in court when we take a photo copy of local newspaper and produce in court but here the paper is there to support its authenticity so i think similary with the news paper on internet.

thanking you for your answer my first doubt was clear.

498 A fighter (Advocate)     17 October 2012

Here i come to know that news paper articles are not valid in court

reason: the paper publishes the view of any person and views are not considered as strong evidence /citation.

but it is not clear that this is only for local newpaper or National level news paper.


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