Can an individal cite an Apex court case in his Affidavit of Evidence to drive home a point? I've never come across this before?
Apprentice (Associate) 04 June 2013
Can an individal cite an Apex court case in his Affidavit of Evidence to drive home a point? I've never come across this before?
dr g balakrishnan (advocate/counsel supreme court) 04 June 2013
citations help courts appreciate your matter by saying earlier Apex court has given concurrence that way you lighten court's work sir! dr g balakrishnan
Adv k . mahesh (advocate) 06 June 2013
citations can be quoted and it will add
importance and wightage to your case while decidng the judgement of your case
Apprentice (Associate) 06 June 2013
But quoted in the Affidavit of Examination in chief? I understand during arguments - but what citing in evidence?
Thanks
Adv k . mahesh (advocate) 06 June 2013
even in affidavit you can quote citations and some point of that citations
it will help ful while agrugment also as evidence
Advocate Bhartesh goyal (advocate) 06 June 2013
Citations/judgments of S.C and H.C [Law] are never cited in pleadings and evidence .Facts are always proved by evidence and not by law. Whereas citations/judgments of S.C and H.C are referred in support of case during the course of arguments.
dr g balakrishnan (advocate/counsel supreme court) 06 June 2013
TRUE NOT IN PLEADS CITATIONS ARE QUOTED BUT JUST FACTS; IN WRITTEN STATEMENTS U CAN TO REINFORCE YOUR POINT AS A MATER OF ARGUMENT!
Advocate Bhartesh goyal (advocate) 06 June 2013
dr.g.balakrishnan
pleading means plaint and written statement and laws are never referred in pleadings.After amendment in C.P.C examination in chief are taken in the form of affidavit and ain affidavit only facts are narrated and not law.