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ashok kumar (Social Worker)     16 November 2014

Irrelevant cases cited by lawyers in defence in trials

Irrelevant Cases cited by Lawyers in Defence in Trials

It is observed that quite a number of lawyers cite a large number of such decided cases in support of their prayer, which in effect have no relevance or substance in their support. Shockingly in some of the cases, the case laws cited were in effect negating their own cause.

In an extreme such instance I saw that one of the defence lawyer cited around 29 cases in support of his application for dismissal of the criminal complaint against him. The Trial Court took 2-3 dates for giving a reasoned Judgment of dismissal of the complaint, after going through these cases. While doing so, the trial Court awarded heavy costs against the accused   involved and even made a mention of the delaying tactics in the order.

Against this dismissal order of the trial Court the accused filed a revision in the DJ but surprisingly once again he filed around 42 cases cited in his favour during the arguments! The result was that the Revisionist Court did not get the time to read the Judgment cited and kept on giving dates after dates and ultimately the Judge got transferred and the case is languishing, with the net result that the accused succeeded in his ulterior motives and delaying tactics.

There is another point to this. While tagging so many Judgments the accused Lawyer barely discussed anything about how he consider these Judgments to be of any help to him!

Such a Stae of affair could be

1.Due to inexperience or lack of understanding of the issue involved on the part of the Lawyer or

2.Deliberate attempt of intelligent & experienced lawyers to get the Judge, being a human, so much bogged down & exhausted with the irrelevant that he may not be left over with the energy required for a proper application of mind to the relevant!


Learned members are requested to kindly give their opinion on

1.Is there any weapon with the Court /Law which can prohibit such irrelevant intrusion upon Court’s time?

2.In the Lawyer not required to tender the logic or reasons as to how the Judgment tagged by him come to his rescue in the trial?


 3 Replies

N.K.Assumi (Advocate)     16 November 2014

The only weapon for the Court is Knowledge of Law and experiences. if the Court lacks that  no remedy is there  but to go on with the music of the lawyer.

S.Sankarasubramanian (practcing advocate)     04 January 2015

One should be vigilent and see that whether  the citation submitted is irrelevant and obsolete.  They should also have sufficiet knowledge in tackling the cases  sothat  his case is benefitted by others citations so filed before the court.  Only sufficecient sound  knowledge, keen interest. practic and awareness can solve the problem, Now a days, I see most  junior advocates are well conversant with latest citation with the hlep of internet facility. which one should appreciate.


                                                                 S. Sankarsubramanian, Palanganatham, Madurai. 625 003.

                                                                     Advocate, Madras High Court , Madurai Bench.

                                                                 cell: 9444332482 / 9245879732.

TGK REDDI (No designation)     08 May 2015

I too used to experience this sort of situation.     My situation was even worse.    The other party cites a case law.    The Crl.M.P. is dismissed after prolonged arguments.    Then another case law is filed.    The process is repeated and repeated.       Nothing but delaying tactics.

Often the case laws helped me!

Courts have powers to rugulate oral arguments.      They have powers to put an end to hearing.

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