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hari sri chunduru (advocate)     10 September 2010

mode of written arguements

 can the experts provide me with information regarding filing of written arguements in discharge petition I am party in person thank you in advance if  model is provided
 



Learning

 3 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     10 September 2010

 There is no form of model written arguments, as the subject matter is purely indvidual approach.

However, broadly speaking, single issue legal written argument contains following:.

A statement of your conclusion.

A statement of the rule that supports your conclusion.

Proof of rule throgh citation , explanation, analyses, and application of the rule  

However,as told earlier, there may be a difference of opinion among the rest depending on their approach.

N.K.Assumi (Advocate)     11 September 2010

Agreed with the responds. But give a brief sketch of the facts, law involved: proceeds with the statements of the witnesses and material evidence and contradictory statements and state the matters that support your case with HC or SC rulings that support your case with the law involved in your case.


(Guest)

Hari

It is very good to submit written dox in the court since ultimately the Judge will see the file only and oral arguments fade from memory very fast. It is good to speak in court in written form.

From my point of view ( which I adopted for written statement u/s 313 and written arguments u/s 314) the contents should be as under:

1. Purpose of Prosecution  to initiate the case.

2. Circumstantial evidence in favour of defence

3. Points which are in favour of defence

4. Shortcomings in the evidence of Prosecutions

5. Strong points in the evidence of Defence

6. Prayer for relief

Mr Bechara


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