Regarding Timing of Filing Case Laws in High Court
4 months ago
Can I file Case Laws in support of my case (under Section 482) in the High Court before the date of the final hearing? If yes, how and under which Procedure/Section/Rules? There are little more than 500 pages in my case laws.
A.Dear Client,
As per the recent order by the Supreme Court you cannot file a case laws supporting your case before the final date of your hearing.Recently, the Supreme Court has passed a notable judgment wherein it held that a second petition filed u/s. 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) on grounds that were already available for challenge during the time of filing of the first petition would not stand to be maintainable.
Justices C T Ravikumar and Sanjay Kumar of the Supreme Court clarified that although there is no absolute bar or prohibition against a second petition u/s. 482 of the Cr.P.C. however, it becomes untenable when the grounds for seeking relief were already present during the first petition.
The judgment authored by Justice Sanjay Kumar mentions that “Though it is clear that there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon the facts and circumstances of the individual case, it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court under Section 482 of the Cr.P.C., though all such pleas were very much available even at the first instance."
The Court added that allowing to file the successive petitions u/s. 482 of the Cr.P.C. by ignoring this principle this would enable an ingenious accused to effectively stall the proceedings against him to suit his own interest and convenience, wherein multiple petitions will be filed u/s. 482 of the Cr.P.C., if not barred. This would lead to abuse of the procedure of law and the same cannot be permitted.
Thankyou.
As per the recent order by the Supreme Court you cannot file a case laws supporting your case before the final date of your hearing.Recently, the Supreme Court has passed a notable judgment wherein it held that a second petition filed u/s. 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) on grounds that were already available for challenge during the time of filing of the first petition would not stand to be maintainable.
Justices C T Ravikumar and Sanjay Kumar of the Supreme Court clarified that although there is no absolute bar or prohibition against a second petition u/s. 482 of the Cr.P.C. however, it becomes untenable when the grounds for seeking relief were already present during the first petition.
The judgment authored by Justice Sanjay Kumar mentions that “Though it is clear that there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon the facts and circumstances of the individual case, it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court under Section 482 of the Cr.P.C., though all such pleas were very much available even at the first instance."
The Court added that allowing to file the successive petitions u/s. 482 of the Cr.P.C. by ignoring this principle this would enable an ingenious accused to effectively stall the proceedings against him to suit his own interest and convenience, wherein multiple petitions will be filed u/s. 482 of the Cr.P.C., if not barred. This would lead to abuse of the procedure of law and the same cannot be permitted.
Thankyou.
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A.Dear Sir,
Yes, you can produce all your case laws with full judgments under a memo and submit the same in the counter or as the procedure prescribed by your High Court.
Yes, you can produce all your case laws with full judgments under a memo and submit the same in the counter or as the procedure prescribed by your High Court.
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