Upgrad LLM

citation given by opposite party in court

director

In trial court or session court u/s 138 cases many a times, citations are given by one party in the court, can other party have the right to get the one copy of that citation from the party who submit the citation in the court or a copy of that citation from the court itself or the opposite party has to find out the citation at his own level, but many a times the citation given in the court can not be traced out, because some lawyer put any citation from any book,  so please tell what is the law?

 
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self working

yes u can demand

 
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Advocate

The other party has to give the list of cases on which he relies, as a matter of right you cannot demand for copies of citations on which they rely.  its our headache to search for the citations or equvivalent published in other law journals or manage to get the citations on which other side relies.

 
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Assistant

In a case the other party has got a right to know what citation the other side has given before the Court, so that the other party gets to the opportunity of citing his rulling if any overrulling the citation given by the other party. The general practice is the parties gives the list of cases relied upon citing the books in which it is reported along with page number, and if is not done the parties has got right to bring it to the notice of the Court.

It is to be kept in mind that any trial whether criminal or civil should be fair and open, so not giving list of citation relied upon to the parties is not in the interest of justice.

 
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practising Advocate

The person relying upon a particular judgement shall have to supply a copy of the judgemnt to the court .A copy of the same shall be supplied to the opposite party if demanded.

 
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ADVOCATE

your advocate is the best person in this case who should be noting it. in any case a party gives out the details of the cases on which reliance has been placed by them for pleading their case. these are mentioned by the parties but as regards citations, one needs ro find them.

 
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self working

is there any judgemnt which say that the opposite party cannot deny the copy citation which he reliying on it to give the other prty on demand or otherwise.

 

Thanks

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Principle of fair-play mandates that the other party must share the list of citations and if it is not done it  is for your Lawyer to demand the same through the Court concerned.

 
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