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(Guest)

Citation: Whether judgment from indiankanoon ?

Dear Members,

 

Wanted to get your opinion on whether judgment downloaded from indiankanoon can be used in citation in court argument or whether we need to get it from  journal  the udgment was published.

 

If you can let me know what is current practice  and whether there is any section of law guiding how to show citation .



Learning

 13 Replies

Damayanti (Unemployed)     09 April 2011

On this forum, apart from lawyers, there are few other non-lawyer people e.g. Avinash kaur, tajobsindia  who are experts in finding the exact citation, they may tell you how to get the citation.

 

I believe indiankanoon pdf file should also be OK.

 

Damayanti (Unemployed)     09 April 2011

correction:-

Avnish kaur

Arvind Singh Chauhan (advocate)     09 April 2011

It may be cited. But Proper way is to find the same from Judis.nic.in, which is genuine web site. You should file an affidevit also, with copy of the judgment, that you downloaded it from the genuine website of concern High court or Supreme Court.

1 Like

(Guest)

yes the Judgement can be cited. It is a valid judgement. However just a word of caution please read the judgement thorughly and then apply the ratio of the same to your case. Only those judgements which has a similiarty with your case should be cited.

Avnish Kaur (Consultant)     09 April 2011

practice is to get from journals. all these journals are availiable in bar libraries/ lawyers.

1 Like

brijesh sharma (Service)     22 May 2011

I agree with Avinash Kaur. With the same matter I filed an RTI application  most probably in 2009. The Respected Registerar of Supreme Court replyied in disposal of the RTI application that "haccars can damages the sites and manuplates eaisly". So Courts are bound to accept only Refferences books. If we submitted downloaded materials in the court then it is must that we must submitted with an affidevit.

1 Like

Arup (UNEMPLOYED)     22 May 2011

whether judgment downloaded from indiankanoon can be used in citation in court argument or whether we need to get it from  journal  the udgment was published.

 

---   came to know that the downloaded citation not accepted by sc.

but it is not logical.

in a downloaded citation almost all the relevant information available. case no, judges, petitioner, respondent etc. therefore the office of the judge can check easily the authenticity of the downloaded citations.

for a non advocate person net is available not the bar library.

1 Like

Arup (UNEMPLOYED)     22 May 2011

it is must that we must submitted with an affidevit.

 

---   it is logical. 

how a common man can use bar library?

in general, it keeps out of reach of the common man (here means, non advocate).

the fund for the bar library comes from the state and central government fund. then

 

why it is kept out of reach of common man - who use it for their own use for the interest of justice,

 

where the advocates use it for the purpose of their own business.?

1 Like

brijesh sharma (Service)     22 May 2011

Sir recently in a case W.P.(C) No.10577/2009 Dr. Rajendra Prasad Mishra v UOI in Delhi High Court Hon'ble Justice Anil Kumar and Veena Beerbal orderd us to file an affidevit in support of our document downloaded from PDF file of Govt. Site.

1 Like

(Guest)
Originally posted by :arvind
"
It may be cited. But Proper way is to find the same from Judis.nic.in, which is genuine web site. You should file an affidevit also, with copy of the judgment, that you downloaded it from the genuine website of concern High court or Supreme Court.
"

Mr. Arvind is right!

I have tried this in a court, given citation in affidavit. But, for my security, I confirmed the same judgments/citations from multiple sites to include indiakanoon and relevant court sites. It worked well!

1 Like

Arup (UNEMPLOYED)     22 May 2011

if the court demand an affidevit - it is not wrong.

1 Like

(Guest)

There is no rule to the best of my knowledge that citations downloaded from Indiankanoon.org are banned to be cited. The citation is a citation. We are living in the era of Information Technology, Even the Hon'ble Supreme Court has also gone ahead with e filling of the Petitions.

As far as the document down loaded from the Goverment website. The Hon'ble court is right in asking for filling an affidavit. The Normal document should not be linked with the Citations. Apart from this the citiation mentioned in the Indian Kannon is having the parellel numbers of AIR and other Journals.

So even if there are chances of sites getting hacked, still there is no bar from citing the judgement from sites. Because if a Pvt Site can be hacked then the other sites can be hacked too.

Arup (UNEMPLOYED)     22 May 2011

Apart from this the citiation mentioned in the Indian Kannon is having the parellel numbers of AIR and other Journals.

 

----    this tecnic not none to non advocates. even i saw a few jr adv not aware of it.

 

hacking is a bad logic but demand affidevit is logical.

the whole petition be affidevited by petitioner.


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