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rajiv_lodha (zz)     07 May 2014

Putting the citations in the best possible way

Its argument stage in my divorce case 13 1 a. I am the petitioner. I want that some favourable judgments be placed on record when my advocate argues. It is seen most of the times that judges ignore ur citations while they make up their mind to give favour to other party. One way out is written arguments, but hurdles are:

1) My own advocate is not very much ready for that, says its not a trend here.

2) Most of the times, as soon as a party submits such like document, judge gives next date for “reply”. Now the opp party gets the idea to counter it

3) In many of the judgments, all paragraphs are not of our favour. It is common to see some paras which are adverse to u. Then opp party uses it as a counter to u.

How to proceed? Our aim is that judge be forced to consider merits and citations.

My advocate says that he will submit judgments with a covering letter, he calls it dastavezi form.

Will it serve the purpose? 



Learning

 5 Replies

Shantilal Pandya ( Advocate)     08 May 2014

A judge is bound to consider cited judgements and decidethem  on their merits , if the time is given to other side for reply  there can be no objection  to it

 as affording time is in consonance with natural justice.

rajiv_lodha (zz)     08 May 2014

U mean to say that i shud insist on 'written arguments' by my advocate. Is it OK if I go with his openion that he argues the points and put all citations togather with a covering list (which he calls DASTAWEZI FORM) on the day of arguments

Adv k . mahesh (advocate)     08 May 2014

yes giving such form is acceptable in the court and quoting the main paragraph with highlighter will help a lot even for the judge for which a particular judgement you are quoting

Shantanu Wavhal (Worker)     08 May 2014

rightly said by k. mahesh.

further, 

 

1) My own advocate is not very much ready for that, says its not a trend here.

file written arguments & also request verbally to advance oral arguments in short. we dont have to do anything with LOCAL trends.

 

2) Most of the times, as soon as a party submits such like document, judge gives next date for “reply”. Now the opp party gets the idea to counter it

opp. party also gets chance to forward their arguments. whats wrong in this ??

3) In many of the judgments, all paragraphs are not of our favour. It is common to see some paras which are adverse to u. Then opp party uses it as a counter to u.

read the judgement completely. dont use the ones which show adverse findings.

 

How to proceed? Our aim is that judge be forced to consider merits and citations.

u submit - relieve ur burdon - let the judge apply his mind.

 

My advocate says that he will submit judgments with a covering letter, he calls it dastavezi form.

it can also be called as - INDEX / List of judgements.

 

1 Supreme Court of India

Pritish vs State Of Maharashtra & Ors on 21 November, 2001

CASE NO.: Appeal (crl.) 1188 of 2001

 

2 Supreme Court of India

K. Karunakaran vs T. V. Eachara Warrier on 16 November, 1977

Equivalent citations: 1978 AIR 290, 1978 SCR (2) 209

 

3 Supreme Court of India

S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993

Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1

 

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

Submitting a written argument along with proper citations attached to it are acceptable in the court, there is no question of trend or practice, the law permits,hence it may be followed.

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