Use of citation/judgement

WRT citations, it goes like this.  All SC orders judgements should be followed by all lower courts.  But each case different.  One can use any judgement, but according to my experience, it is left to the discretion of the judge whether to take into consideration SC citations or not.  Some agree, some don’t, but all such judgements hold good only at appropriate levels.  If you are citing HC judgement, it will be considered at only that level, there is no obligation for the lower court to follow each and every order of Honorable HC or SC.  That being said, if the lower court does not order based on citations, the petitioner is only left with option of appealing to the higher court.

it is upto your lawyer how efficiently he can argue with the limited judgements in hand because you are referring other section in 498a case 

may be case story is almost equal but hear you should understand 

@Adv k . mahesh

but cases go to  high court just after lower court order/judgement/decision if any body agrrieved by it so in criminal case though section is different by the case is same.

thats why i already told in trial will order/judgement/decision under sec482 for the same case will be considered or not.

example: suppose i am facing trial in 498A, at any stage i can go to HC under 482 but if i show to lower court that in another case for the same case HC gave such type of decision and i show almost from all High court of india so what will normal process?

i know it is not complusory for judge to follow the same but may i assume that he will do exact to it i mean consider it, ?

as we have to submit our side by thinking positive-- and i want to know that how much positive should we think on such facts?

no matter whatever be actual result - what are Pros and cons of this type of process...?

You are referring to two different laws.  The citation is for 482 and not for 498a so it may not be appreciated by court.  However, you don't need to produce any citation at this early stage of trial before the trial court, you can think about producing the citiation of settled laws at the time of argument of the case.

Section 482 Cr.PC is exclusive jurisdiction of the High court, it cannot be invoked by Trial Court.  Hence the citation for 482 is not helpful if you quote in Trial Court pleadings.

then in this for 498A we are not having any citation/judgement because mostly people will go for quash of order in 498 , quash of chargesheet or FIR.

in High Court ,498a trial judgements are diffucult to find..

While the case is pending in TC you can apply for quash for FIR under S.482 in HC.  If HC quashes, then no trial will be conducted by TC

i had prepared to go to HC for 482, but latter we chose to face trial because if i got releif form court then claim for damges will be reduce as justice is given to me, but after trial we have chance to go for perjury and to claim civil as well as criminal damages. we can file cases on opposite party under many section and in that way they have no excuse for their escape,

You are such a knowledgeable man.  Why are you seeking advice?

Originally posted by : chandrasekhar
	You are such a knowledgeable man.  Why are you seeking advice?

sir whatever i understood and get it is form experts advise some are from this forum some form out side , i am not law graduate by the case i am contesting gave some knowlede about this and by well known say " little knowledge is always dangerous" so i am seeking advises from forum,

by discussing the facts i am showing my present situation/conditions or i am pretending my views that i am going to act like this or that,

and i am sure this is not a limitation for seeking advice.

i am seeking advice from you also if you have any?

your question is just like if patient say to doctor that by eating one type of food give pain to stomach and took this type of drug..............which may cure to me though you had advice injection but if prefer such drug it may relax may.

By patients such statement doctor wont say when you know this then why you come to me for treatment?

as patient need it in better way he came to doctor even if he may/may not [might heard] that some drug may cure/relax him.

so same is my case and if you have any solution please provide it. and welcome it.

if it suits me or in my hand I may go accordingly but again by saying that i have ful knowlege about any condition is not  way to escape form giving any option if you have............

i am not sure about my openion thats why i am asking you?

i think you understood what i want to convey ,