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Sushanta (student)     10 May 2010

Why no. of citation varies

Hello All,

Could  somebody answer below mentioned questions  :---

1. why  a particular judgment ( Say Judgment 'A') contains high number of CITATIONs whereas anothe judgment (say Judgment 'B') contins very few number of judgments ?

2.  Does the number of citations present in a judgments signify something ?

3. Can we say that in a judgment (say judgment 'C')  only those judgments are cited which have the same FACTs as 'C' ?

Thanks in advance      

~Sushanta



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     10 May 2010

Some judgements refer to various citations because during the said hearing many citations might have been quoted and referred by the advocates or even suo moto taken into consideration and referred/dictated by the judge himself while passing the judgment in support of his decision. Some cases where the finding/issue to be decided is simple, the judge may rely on a single judgment to confirm his views. It does not mean that a judgment which refers one or two citations or no citations at all mean or imply to have less value NOR a judgment referring various citations signify more authoritative than other judgments. Good Luck...

Sushanta (student)     10 May 2010

Hello Mr. Krishna,

Thanks for your quick response.

Let me reframe my question :----

Do  all the judgments (say judgments 'B','C','D') mentioned as citation in a judgment (say judgment 'A')  carry equal weight ? If no, then what  feature gives a judgment more importance then other judgment ?

 

~Sushanta

Daksh (Student)     29 July 2010

Dear Sushanta, The basic principle for which purpose the citations are quoted is for the purposes of developing preposition of law as per the facts and circumstances of the case. The more closer the citation is on to the point in question the more helpful it is in rendition of judgement - which is a subjective thing dependent upon the forceful presentation of the counsel at the bar and appreciation of the same by the Presiding officer/bench. Best Regards Daksh

Arup (UNEMPLOYED)     05 May 2011

citation in the judgment is reference only.

it denotes that a perticular portion of the judgment based on the citation shown.

you will understand it clearly when you read both, judgment and the citation.

a citation is also a judgment but of a diffrent case.

there is interlink, which you have to explore, by reading both the judgment.

Arup (UNEMPLOYED)     05 May 2011

2.  Does the number of citations present in a judgments signify something ?

 

yes, do some practicle you will clearly understand.

Arup (UNEMPLOYED)     05 May 2011

3. Can we say that in a judgment (say judgment 'C')  only those judgments are cited which have the same FACTs as 'C' ?

 

---   no the facts will be diffrent, you have to see the logic behind it, it might be same or equivalent.


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