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Vinod (self)     17 December 2010

IS it allowed during Oral arguments that...?

IS it allowed during Oral arguments?

To interrupt the other party's counsel, during Oral Arguments,  while he is making an Argument due to:-

  1. his sudden wrong statements and stray away from earlier pleadings.
  2. he making new allegations and statements during arguments.
  3. He giving wrong information and telling lies

A Post mortem by me is as follows:

My lawyer forgot to address above things while he argued from my side also and actually he should have taken objection immediately right there while opposition lawyer was arguing (as a petitioner's counsel).



Learning

 4 Replies

niranjan (civil practice)     17 December 2010

Not necessary that you may interrupt,but petitioner's advocate has right to reply wherein he can washout his arguments.

Arup (UNEMPLOYED)     17 December 2010

IT DEPENDS UPON THE JUDGE, HE IS THE PRESIDING OFFICER OF HIS COURT. PRIMARILY ALL ACTIVITIES WILL BE UNDER HIS DIRECTION.

IF YOU DISSATISFIED YOU MAY GO TO HIGHER COURT AT ANY TIME AT ANY STAGE.

YOUR THREE POINTS ARE CORRECT. THIS HAPPEN FREQUENTLY. MAKE A HABIT OF TAKING NOTE OF OPPONENTS PLEA. WHEN HE WILL STOP TELL JUDGE  -  YOU HAVE SOMETHING TO TELL.

Arup (UNEMPLOYED)     17 December 2010

' he should have taken objection immediately right there "

FOR KEEPING YOU SAFE SIDE, YOU MAY PUT YOUR OBJECTIONS IN WRITTING.

THEN COURT WILL COMPALE TO NOTE IT AND YOU WILL GET A WRITTEN DOCUMENT IN FAVOUR YOU. THIS MAY HAY HELP YOU IN FUTURE.

Rajesh Kumar Singh (Lawyer)     18 December 2010

Your Lawyer can rebut those wrong allegations, statements etc. during rejoinder argument.


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