Written arguement
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
Can anybody please settle my query about the section under which written arguement can be filed and should it be written in the written arguement staing the section ??? Please urgent
Querist :
Anonymous
(Querist) 25 September 2011
Can anybody please settle my query about the section under which section written arguement can be filed and should it be written in the written arguement staing the section ??? Please urgent
Devajyoti Barman
(Expert) 25 September 2011
There is no section under which the same is filed.
One thing for your advice, if you have any doubt about referring the section in the petition then do not refer the section at all.
Quoting a wrong section or not referring the section does not make the petition non maintainable on this ground alone.
Querist :
Anonymous
(Querist) 25 September 2011
Thanks a ton sir . Sir can u enlighten me about adverse inference .What is the legal implication of it once the court records it and comes at a conclusion of adverse inference .How does it effect the other party i.e against whom it is drawn .
R.Ramachandran
(Expert) 26 September 2011
Dear Anonymous,
Assume for instance that one party to the case has some document in his/her possession.
When asked to produce, the said party some how or other does not produce the same in spite of repeated directions. Nor the party denies the existence of such a document.
In such a situation, the court may draw adverse inference. In this situation, the adverse inference would be that, there exists a particular document, and the production of which would go against the interests of the person who has not produced it. That is why the person is not producing the said document before the court.
Very recently, Mr. N.D.Tiwari, the erstwhile Governor of A.P. was directed by the Court to give his blood sample for conducting DNA test to determine whether he is the biological father of one Mr. Rohit Shekar. Since Mr. Tiwari refused to give blood sample on the plea that he has to preserve, protect and defend his personal dignity, the Court held that while he cannot be compelled physically to undergo the test, an adverse inference can be drawn from his refusal, that had he given the sample, the result of the DNA test would have supported the claim of Mr. Rohit Sharma.
prabhakar singh
(Expert) 26 September 2011
Coming straight forward to your question,you may feel surprised though,THERE IS NO PROVISION IN C.P.C. FOR ARGUMENT ORAL OR IN WRITING.
A SUIT AFTER EXCHANGE OF PLEADINGS PASSES,RULING OUT EXCEPTIONS,WITH ONLY TWO STAGES,THE DATE FOR FRAMING "ISSUES" AND DATE FOR "FINAL HEARING" THIS FINAL HEARING ABSORBS BOTH THE EVIDENCE OF PARTIES AS WELL AS ARGUMENT.
HENCE FILING WRITTEN ARGUMENT HAS DEVELOPED OF LATE BY COUNSELS SHOCKED BY FACT THAT COURTS STARTED TO PRONOUNCE JUDGMENTS EVEN BY LEAVING AND IGNORING AND NOT DISCUSSING
A POINT ARGUED OR A CASE LAW CITED IN SUPPORT.
NOW SOME TIME COURTS ALSO SUGGEST FOR IT PERHAPS FOR REASON THAT DUE TO RUSH IT MAY NOT REMEMBER PARTIES ARGUMENT ENTIRELY.
BUT STILL EXPERIENCE DOES SPEAK THAT EVEN WRITTEN ARGUMENTS ARE FOUND NOT DISCUSSED
IN SOME JUDGMENTS.
Any way be sure there is no section dealing with argument,even oral,then how can one tell you a section of written argument.BE SURE THERE IS NO SECTION AT ALL IN C.P.C and hopefully not even in Cr.P.C. also.
Shastri J.K.
(Expert) 26 September 2011
I also do agree with experts.
AugustPunitha
(Expert) 26 September 2011
Written Argument filed U/S 314 CrPC.
AugustPunitha
(Expert) 26 September 2011
Under Code of Civil Procedure a Written Argument is filed U/S ORDER XVIII 2(3)[3A]
Querist :
Anonymous
(Querist) 26 September 2011
Really thankfull to all the experts and your valued guidance .Thanks once again all sir's. Could I get citations of recent supreme court of india in context to aallowing of amendment of plaint . With regards .
Arun Kumar Bhagat
(Expert) 05 October 2011
Since inception of Cr.P.C there is a provision for Written Arguement u/s 314 Cr.P.C which has to be filed before conclusion of oral arguement.
ashutosh srivastava
(Expert) 29 March 2012
Please comment
is written arguments filled under Provisions of CPC with proper court fee, is a part of record?
and if it is part of record whether certified copy of it can be obtained?
