can court ignor written arguments?
Sangramsinghrana
(Querist) 13 October 2010
This query is : Resolved
Dear Experts,
instead of oral arguments, written arguments was given on behalf of accused in a criminal trial. can a court totally ignored the written arguments of accused even it is established that written arguments in details contains each and every aspect of fabrication of case in his 56 pages. can a court convict the accused not mentioning the single word of his written arguments of 56 pages based on the evidence of defence as well as prosecutions? what is the value of written argument? whether a court is bound to consider the written argument in any way?
Kirti Kar Tripathi
(Expert) 13 October 2010
once the written arguments are taken on records, the court cannot ignore the same. it may disagree with the arguments but can not ignore the same.
s.subramanian
(Expert) 14 October 2010
The court is bound,in law,to consider the written arguments however lengthy they may be. They cannot be ignored.
Advocate. Arunagiri
(Expert) 14 October 2010
The trial court cannot ignore the written arguments. The trial court will refer the written argument only if there is any relevant points mentioned.
pawan sharma
(Expert) 14 October 2010
yer, can;t be ignore if afixed stamp duty on it.
pawan sharma
(Expert) 14 October 2010
may be added-
read 314 Cr.P.c.
Arvind Singh Chauhan
(Expert) 15 October 2010
Unless judicial accountability is fixed or higher courts pass stricture against lower court's irregularity, Such situation shall remain same in this country and litigant will suffer.
Generally it is seen that in civil cases if any body goes against biased administrative step of govt. Nothing goes from the pocket of responsible officer and govt fights up to the highest court. If at last poor litigant find relief from court he has been finished by all means, except the copy of judgment.
