What is the law on the above subject whether the judgement of other high courts are applicable or not, is there any judgement on this issue, if yes provide.
madhu mittal (director) 07 August 2012
What is the law on the above subject whether the judgement of other high courts are applicable or not, is there any judgement on this issue, if yes provide.
N.K.Assumi (Advocate) 07 August 2012
It is the disciplne of the Courts that only the respective Judgment of High Court has precedent value but the Judgment of other High court has only persuassive value.
madhu mittal (director) 07 August 2012
Thank you very much for reply me, but if there is no citation of High court of its own state, but on similar point the division bench of other high court has decided any point of law, whether the said citation should not be looked into only by saying by the Presiding officer that you should bring only the citation of our state High court.
N.K.Assumi (Advocate) 08 August 2012
If it is not covered by the State High Court decision, yes it will have value and rely on it. I dont think any Judge would insist on bringing on record which is yet to be decisded on a particular point. It is for the oposite Counsel to refute your citation with other citation, if any.
B.K.GUPTA... (ADVISOR) 09 August 2012
Citations make you over confident and citations are normally available for both the sides.Actually in my opinion quoting a citation is simply weakening the case.It actually provides byepass.
Better course would be:
Use the language of the citation in putting up your arguments.
Get the issues framed in such a way that the facts you want to highlight are being answered in the judgment.