Citation of case
hage nibo
(Querist) 15 May 2009
This query is : Resolved
Lrnd. members,whether case citation not cited in w/petition can be cited during ADMISSION orally ?
And, if certified copy of judgement can't be obtained, 'mere citation' will serve the purpose ?
Swami Sadashiva Brahmendra Sar
(Expert) 15 May 2009
Dear sir, 1. law need not be pleaded.therefore citing the case law in WP is ot necessary.
2. when you are relying on or chalenging a judgment, mere citation is not sufficient.
Guest
(Expert) 15 May 2009
In writ petition, citation need not be pleaded. But while referring the case at the time of arguments, mere citation is not enough. The photo copy of the judgement (certified copy is not required) to be shown, so that the judge can follow the ratio laid down in the citation and if required to distinguish the facts of cited case with your case.
Uma parameswaran
(Expert) 17 May 2009
You can orally cited during the admission time also.But if you cited in writ petition itself, it will get proper remarks .