Under which section judgements can be refer in other courts
Querist :
Anonymous
(Querist) 29 July 2018
This query is : Open
Dear Sir/Mam,
How can we use High Court, Supreme Court Judgement to Lower Courts (District Courts, Family Courts).
Specially in Matrimonial cases. In which section , CRPC , IPC we can show this and asks Judge to follow/refer that judgement in such cases.
Regards
Guest
(Expert) 29 July 2018
You need to compare your case with the case on which there is judgement from SC/HC.
Both should match ditto. Then the judgement can be used in your case. You can give citation xerox copy to judge. There is no particular sectoin under which citation is given.
But no two cases are alike. You will be ram and judgement case will be that of shyam.
Hence even if you give judgement, it wont be of any use. As judgement case can never match ditto your case.
You simply put your case the way it is, based on merits your advocate should argue the case. And get your favourable orders.
But you already have advocate, why are you asking all this here? Let him do the work. If you have paid him money make use of that bugger.
Dont expect free seva.
Querist :
Anonymous
(Querist) 25 August 2018
Thanks Sir for ur response. I got your point. I want to refer a judgement for my similar case judgement but my lawyer denies it by saying its other state high court judgement and this state lower court (District Court matrimonial matter) will not accept it. My point is only to represent my view and want to present myself but my lawyer is saying there is only 1% chances for it to accept it in court.
I want some basic details from opposition party as per one state high court order. But my lawyer denies it many times. And he is fearing from it.
I am in a big dilema. Its very necessary for me to ask those details from opposition party , that will help me in my case a lot. Which will help me to show lie opposition party is saying. Plz help me.
Regards
