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ashok kumar (Social Worker)     15 January 2015

Whether parties required to give the copies of cases cited

Whether parties required to give the copies of cases cited to opposite party

In any trial the parties cite cases of Superior Courts to prove their cases

Are the copies of the cases so cited required to be given to the opposite parties?



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 10 Replies

N.K.Assumi (Advocate)     16 January 2015

Yes, not only to the opposite party but to the Court also. In fact such citation should be filed along with the petition so that the opposite party and the court will know in advance the real legal issues involve in the case, as citation of few lines here and there as precedent of superior court is not enough. But I must admit that this is neglected very badly.

ashok kumar (Social Worker)     16 January 2015

Can U or anyone,  please quote any law or Supreme Court Judgments on the issue?

dr g balakrishnan (advocate/counsel supreme court)     16 January 2015

Always in courts the opposite parties get all copies on which they rely. the petitioner relys,.that is normal procedural practice  pl. there is no need of any SC judgement,

Advocate/CS Sanjeev Kataria ( Advocate)     17 January 2015

agreed with the opinion of experts

ashok kumar (Social Worker)     17 January 2015

What U people are telling is a principle of Law, i.e. to give copies to the opposite parties! But what I am asking where is this procedure prescribed?

What should a party do if this is not adhered to in the Courts??

Advocate/CS Sanjeev Kataria ( Advocate)     18 January 2015

When the matter comes up for arguement, then apprise the court about the non-receipt of copy of the citation and insist to get the same

T. Kalaiselvan, Advocate (Advocate)     19 January 2015

If you are very keen to know the rules in this regard, better go through the civil/criminal practices of law fully and understand them. However, a copy of the citation referred is to be submitted to the court unless the court will not come to know what ruling you rely upon, as far as the opposite parties are concerned, you may give a reference number from which let the opposite side extract the same through their own sources.

Madhu Mittal (Director)     05 February 2015

Respected all Sirs in general and Sh T kalaiselvan in particular,

Sir, I read your views given in this forum, and found that they are near very accuracy and solved the problem which is being asked. But in this query, I think due to paucity of time or etc, you also give short cut answer that “better go through the civil/criminal practices of law fully and understand them”. I also tried to my best in searching by going through the civil/criminal practices, but could not get the answer where it is written. In court, you know it very well that to get your work done, everything/procedure/law has to be shown to “Presiding Officer”, if “what is being told” is not being implemented. There are so many journals, so is it lawfull in your opinion to give  a copy of the citation referred to the court only and left the opposite party helpless by only giving reference number from which the opposite side extract the same through their own sources, and if could not find, the given citation in the court could not be read by opposite party. Will there be justice? What I want to also know whether the opposite party as a right can tell the court to provide the copies (photocopies) on the cost to be borne by the opposite party. If yes, where it is written/case law, so that by showing to the “Presiding Officer”, these can be got implemented for the sake of justice.

With respect,

Thanks a lot,

ashok kumar (Social Worker)     05 February 2015

Respected Madhu mIttal Ji

U deserve a kudos for your remark/comments here

It is really very true that some members (not in this thread) have even given remarks like "U hire a lawyer and pay for the services"

 

Perhaps they have failed to grasp the purpose of such forums

What I do here is just to initiate an intelligent discussion on a point of Law which may be of interest to Public and members. Its not that I am seeking a legal solution to any issue facing me! Its  just that in Courts and legal working i see lot of gaps in the procedures followed, and sometimes the law is also silent on those matters Obviously no one on earth can imagine every problem that might crop up in practical working of law! To that extent lawmakers cannot be really blamed, neither can be the intermediaries like Courts, Lawyers etc. After all whatever good has happened in this country after independence , and more so these days, the Judiciary has played a significant role. Yet lot of grey areas remain and forums like these do provide meaningful inputs to fill those gaps

TGK REDDI (No designation)     08 May 2015

I don't think it's mandatory to furnish either Courts or parties with photostat copies of leading cases.     But, if you supply them highlighting relevant lines, they feel it easy to go through them.   The precious time of Courts is saved.      Supplying them is not that expensive.      This is a petty issue. 


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