Upgrad LLM

citing cases in evidence?

Associate

Can an individal cite an Apex court case in his Affidavit of Evidence to drive home a point? I've never come across this before?

 
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advocate/counsel supreme court

citations help courts appreciate your matter by saying earlier Apex court has given concurrence that way you lighten court's work sir! dr g balakrishnan


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advocate

citations can be quoted and it will add 

importance and wightage to your case while decidng the judgement of your case 


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Associate

But quoted in the Affidavit of Examination in chief? I understand during arguments - but what citing in evidence?

 

Thanks

 
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advocate

even in affidavit you can quote citations and some point of that citations 

it will help ful while agrugment also as evidence 

 
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Citations/judgments of S.C and H.C [Law] are never  cited in pleadings and evidence .Facts are always  proved by evidence and not by law. Whereas citations/judgments of S.C and H.C are referred in support of case during the course of arguments.


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advocate/counsel supreme court

TRUE NOT IN PLEADS CITATIONS ARE QUOTED BUT JUST FACTS; IN WRITTEN STATEMENTS U CAN TO REINFORCE YOUR POINT AS A MATER OF ARGUMENT!

 
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dr.g.balakrishnan

                                  pleading means plaint and written statement and laws are  never referred in pleadings.After amendment in C.P.C examination in chief are taken in the form  of affidavit and ain affidavit only facts are narrated and  not law.


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