Under which section judgements can be refer in other courts
Nitin
(Querist) 28 July 2018
This query is : Resolved
Dear Sir/Mam,
How can we use High Court Judgement , Supreme Court Judgement to Lower Courts (District Courts, Family Courts). Specially in Matrimonial cases. In which section , CRPC , IPC we can show this and convince Judge to follow that judgement.
Regards
Nitin
Nitin
(Querist) 29 July 2018
Thanks kamakshi mam.
But i don't agree with your words.One of my friend fight matrimonial cases based on the judgements and refer those provided by Higher court in district court. And finally he wins 2 years back against the false dowry , 125 and DV cases.
Guest
(Expert) 29 July 2018
You contact your friend. Why are you eating head of Kamakshi gaaru??? I agree with Kamakshi gaarus advice.
R Trivedi
(Expert) 29 July 2018
It is important to know the case details of superior courts order. Supreme court order is binding on all lower courts, and jurisdictional high court order is binding on trial courts. No court can order anything which goes against the SC or controlling HC. You just have to cite the order in your written argument with your point.
Nitin
(Querist) 29 July 2018
Thanks Mr. R Trivedi Ji. This is what i want to say and asks opinions of experts like you. Justice is the moral right of every person , even our Indian CONSTITUTION allow it. If for JUSTICE we can show some judgments of Superior court in lower court that should be referenced. My lawyer is not agree on this and doesn't show the judgement of a High Court in District Court by saying there is no provision of this and under which section/crpc we can apply or show this judgement to Judge.
@ Mr. Ramoji : Thanks for your valuable feedback. Sir I am asking my query. I am not eating head of Kamakshi mam , she provide her opinion on which i was just saying my opinion. I am in contact of my that friend , u don't worry.
Experts please provide your opinion.
Guest
(Expert) 29 July 2018
I differ with the opinion that " No Courts Can Order any thing which goes against the Orders of Supreme Courts or High Courts.. presented as Citation .. .It is not mandatory.
Guest
(Expert) 29 July 2018
Discretion (freedom to decide ) of Courts can not be questioned and Appeal would be the only Remedy.
Guest
(Expert) 29 July 2018
Expert Mr. Nitin had rightly stated in his Query is that Citation is only to Legally convince the concerned Judge
Guest
(Expert) 29 July 2018
Citations could be presented in any sort of case either civil or criminal please.
Guest
(Expert) 29 July 2018
Just request your Lawyer to file the Citation of other Courts orders of similar cases .
Nitin
(Querist) 30 July 2018
Thanks Mr. Narasimha Sir. This is what exactly my point is , i want to present my opinion in front of my concerned Judge. I only legally want to convince the Judge by that similar case Judgement of High/Supreme Court. Judge is the final decision maker in the last no one is questioning on it, no issue with that. But at-least i want to present my point of view, my thoughts through the citation of other courts. So that Judge can get the understand and we (both parties) can get proper justice.
My lawyer is saying under which section/crpc we can show this citation in front of Judge to convince him. But my point is read the judgement and understand it after then apply to convince the Judge , at-least show your views to the court.
Thanks Sir.
Regards
Nitin
Dr J C Vashista
(Expert) 30 July 2018
Read and quote Article 141 of the Constitution of India, 1950, if you have real problem.
Guest
(Expert) 30 July 2018
Please take the copies of judgement similar to your case and you could present it to the concerned Judge during the completion of oral argument and should enclose the same explaining it in Written argument also. All the Best
