Cunsel says that he will not do oral arguments as written has already been filed..
Raj
(Querist) 26 July 2013
This query is : Resolved
My sister in law has filed case of maintenance under 125 CrPC as well as DV cas on my brother as well as on my family..Our counsle has filed the objections/reply and written argumenst as well as..Now he is saying that he will not go for oral arguments as written arguments along with judgmnets are now the part of court records and oral arguments are useless..Please inform whether thsi will going to harm if he remain silent before the judge....
R.K Nanda
(Expert) 26 July 2013
oral arguments are must and ask ur counsel to
submit it on date fixed.
Rajendra K Goyal
(Expert) 27 July 2013
Your counsel should proceed for oral arguments along with written arguments.
ajay sethi
(Expert) 27 July 2013
if your counsel has submitted written arguments in detail he need not argue case orally . what he can do is summarise his case in brief before the court on next date if he so desires .
Raj Kumar Makkad
(Expert) 29 July 2013
There is no mandatory law that the oral argument should always be lead. If the written argument covers every point then nothing to worry.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
Normally due to shortage of time, courts too insist on written arguments. It saves their time and they also have ready material for putting in the judgements.
V R SHROFF
(Expert) 29 August 2013
Better way is, START ORAL ARGUMENT
STRESS YOUR MAIN POINTS, To convince Judge, your Law Points.
Deliver Citations u rely upon., delivering copy to opp adv.
Submit that you r also filing Written Notes of Argument.
In case the Judge is bias and avoids noting your point during Oral Argument, it is covered under Written Argument. YOU ARE DOUBLY SAFE.
IT HELPS IN APPEAL STAGE TOO.
DO NOT WORRY ABT COURT HAVE TIME OR NOT. WE ARE BOUND TO TAKE CARE OF OUR CLIENTS, taking due time. Let Arg go on record with List of authorities u rely upon.
dr g balakrishnan
(Expert) 15 October 2015
there are two issues one is sec 125 and domestic violence - both are different issues - you cannot club one with the other - you need to tackle the issues individually.
sec 125 is a legal liability on the husband that has to be met till the DV issue is resolved.
oral arguments could be useful if issues are tackled individually.
dr g balakrishnan
(Expert) 15 October 2015
s/125 cr p c issue revolves on the husband,
DV revolves whole in-lwas in including husband,
tell me how both are same, i wonder
dr g balakrishnan
(Expert) 16 October 2015
per sec 125 she would get relief criminal court would order, as issue is simple how that lady would live without money that husband has to provide...if not it is also some serious kind of violence on the woman by the man concerned,and she needs to lead a status as equal to her husband.
DV is an issue depends on evidence of violence till proved it is sub judice.
Courts tackle issues individually under the sections under which issues arise in the court of law.
Law is a unruly horse on each aspect of law, it is not hauled by 5 or 10 or so horses together with blinders on.
Each section is an individual arabian horse.
