Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

johan   24 July 2015

How to use citations

Since I am fighting by case party in person, I wanted to know how do i cite/refer various supreme court and high court judgements to the family court judge. Should I attach them in my written statement or should I refer them to the judge during final arguements and closing



Learning

 6 Replies

johan   24 July 2015

Thank you sir. Do I need to mention these citations eg. Kanwar Singh Saini vs High Court Of Delhi on 23 September, 2011 in my written statement or they could be introduced during arguements at a later stage

Shantilal Pandya ( Advocate)     24 July 2015

You being a party in person. it is desirable to prepare a citation list chronologiclly  and by refering to it each  with a brief note of the points involved in i.t preferably by highlighting the relevant paras or portion from the authority , this will enable the court to look at it  so that the court may consider for what it is worth, though to do so is not necessary as advised by the experts earlier  .   

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     24 July 2015

The best way to attach it is with WS itself but the opp party will try its best to make it fuss.

If you do NOT want to get it fussed then try to make an application & alongwith that application attach it.

 

EXAMPLE:-

If the wife has a aadhar card in her married name but she gets her voter card prepared in her maiden name without following a valid/ legal name change procedure then instead of just mentioning it in the preliminary objection you ALSO need to make an application like NAME FRAUD APPLICATION. In that application mention that her plaint be dismissed due to NAME FRAUD BY PETITIONER. Amd also mention that the plaint is technically not valid i.e., does NOT stand as a petition due to lego-technical fallacy. Lst but NOT the least attach the exampls like:-

(1) Aadhar Card was prepared in the name of TOMMY SINGH S/o SHERY SINGH (i.e., in the name of a DOG)

(2) A Khalstani Terrorist was arrested for possessing two identities which is a fraud & also a threat to national security

 

So, if you are fighting PIP then be innovative & use the judgment vehemently (forcefully thru petition & forcefully thru arguments). You need to make the judge believe that what you are saying is genuine & valid in law. Best Wishes !!!

 

What is this judgment all about WRITE IN DETAIL so if any idea comes to my mind I will try to write on it? Write what point u want to push in your next post. Thanks !!!

T. Kalaiselvan, Advocate (Advocate)     31 July 2015

The citations are weapons to be used only at the time of necessity, you should use them sparsely and only during the time of argument because if used now itself, the opposite party will come out with his own strategy to counter the claim and may even try to deviate the subject by various modes. 

T. Kalaiselvan, Advocate (Advocate)     31 July 2015

I think you are either not understanding what is told by experts here or you do not want to understand anything told by people here, so it is better you go by your own understanding, it is absolutely useless to render any opinion/suggestion to people like you.

T. Kalaiselvan, Advocate (Advocate)     31 July 2015

I think you are either not understanding what is told by experts here or you do not want to understand anything told by people here, so it is better you go by your own understanding, it is absolutely useless to render any opinion/suggestion to people like you.  If you are determined how to face the case, what is the purpose of approaching this forum seeking experts' advises?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query