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Apprentice (Associate)     04 June 2013

Citing cases in evidence?

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?



 7 Replies

dr g balakrishnan (advocate/counsel supreme court)     04 June 2013

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

1 Like

Adv k . mahesh (advocate)     06 June 2013

citations can be quoted and it will add 

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

1 Like

Apprentice (Associate)     06 June 2013

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

 

Thanks

Adv k . mahesh (advocate)     06 June 2013

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

it will help ful while agrugment also as evidence 

Advocate Bhartesh goyal (advocate)     06 June 2013

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.

1 Like

dr g balakrishnan (advocate/counsel supreme court)     06 June 2013

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

Advocate Bhartesh goyal (advocate)     06 June 2013

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.

1 Like

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