advice on filing citations
yogesh
(Querist) 21 October 2009
This query is : Resolved
Dear Sir,
I didnot get exact reply from the members as many of the opinion were differ from each other
so, i quoting once gain
That the Hon'ble Tribunal has refused to entertain my request for filing the written arguments.Respecting the advice/direction given by the court, I decide not to file the same But I want to file the citations and judgements summary/brief of some case so that it may help in applicability of the ratio-decidi /judgments before prononcement of the order
So, keeping on above perspective in what manner I should file the citations
Whether by M.A(Miscllanous Application) ???
Please inform whether supporting affidavit is essential???
I will gartful if any member help me in very-very brief outline
Thanking you in anticipation
& Regards
Yogesh
Adv Archana Deshmukh
(Expert) 21 October 2009
No question of filing the citations by a seperate Miscllanous Application or affidavit. You are filing citations in the same case. Just prepare summary of the ratio of the citations, explaining how it is applicable in your case. It is good if you attach xerox copies of the citations along with a list.
Or, you can just file copies of the relevant citations along with the list, highlightning the relevant paras, ratio, etc.
yogesh
(Querist) 21 October 2009
Thanks for your reply. But the Tribunal entertains the filing only through applications. It will not entertain documents and lists through other procedure as there in other courts
Adv Archana Deshmukh
(Expert) 21 October 2009
Then file an application seeking permission to file relavant citations along with it.
yogesh
(Querist) 21 October 2009
Once again thanks for your reply
I don't think Hon'ble tribunal will entertain such type of applications for permissions As Tribunal makes very fast proceedings and no such type of adjournments will be given. In my case Hon'ble tribunal has given last date for final disposal after entertaining my application for rejoinder
Raj Kumar Makkad
(Expert) 21 October 2009
without moving application submit only citations with list.
KASI NAGESWARA RAO
(Expert) 22 October 2009
you have right to file written arguments.in that you can mention all the citations and grounds.if the court is rejecting that you can go to high court on that specific issue for not accepting the written arguments
Murali Krishna
(Expert) 22 October 2009
CAT does not have to follow CPC. It has its own rules.
Normally Tribunal has to take any citations given across the bench also. After all it is there for dispensation of justice. There is no need of filing any petition or MA for bringing citations (or copies of judgements) to the notice of court.
Presuming that what you have said here is correct, I would suggest to:
File an MA seeking permission to file all relevant citations. But notmally, along with the affidavit in MA, you have to file all your citations/copies of judgements, and make a prayer to take enclosed citations on record. You can as well seek permission for filing written arguements also. You also enclose them. If Tribunal allows your MA, all these would be part of record before Tribunal.
If tribunal rejects your MA for filing them, this will be a good ground to you for filing an appeal (Writ Petition, because it is CAT) before High Court.
yogesh
(Querist) 22 October 2009
Thanks for your reply But will not it be taken into reverse way as the Hon'ble Court has already not entertained my request for filing If I persistenly files for the same
Raj Kumar Makkad
(Expert) 22 October 2009
Yogesh no court can refuse to take citations submitted by party to suit at the conclusion of his argument. dont be biased against the court.
Adinath@Avinash Patil
(Expert) 22 October 2009
NO COURT CAN REFUSE CITATION SUBMITTED BY PARTY TO THE SUIT.
yogesh
(Querist) 22 October 2009
Apology for incomplete syntax.I mean to say I was not permitted to file the written arguments(W.A). My query was whether I can file the citations through M.A(Miscallenous Application)which had highlighted by Shri Murli Krishan ji as above who has also advise to file the W.A along with the Application
Now the point is whether the Hon'ble court will taken in reverse way who had already not permitted to file the W.A,If I persistently files the same
Regards
r sugumaran
(Expert) 23 October 2009
You may file a notes of arguments and enclose the relevant citations. If the CAT still refuses it, you have no other option except to approach the Honourable High Court invoking its power of judicial review
