May-11-2020 Mon, 01:05 PM
Objections and Response in a Court Hearing - 2020-05-11 13-05-21
During a Court Hearing, the Hon'ble Court at Hyderabad raised an objection to a citation by a Lawyer. The transcript of the hearing was as follows:-
"Sir, do you understand that the citation provided by you is not binding upon this Court for the reason that the Judgement was rendered by the High Court of another State, which does not come under the purview of Art. 141"
So, here is a good response by the Lawyer.
"May it please your Honor. Perhaps the quoted citation is not binding on this Hon'ble Court, however the said Judgement was given by a parallel High Court which at a bare minimum have persuasive value. Also, the said Judgement in turn relies upon a catena of Supreme Court Judgments which are binding on this Hon'ble Court. I seek permission of this Court to file an additional Written Argument and Memorandum of Law in support of the matter herein"
Result: Court affirmatively granted leave to file the "additional written arguments and Memorandum of Law".
The key takeaway from the aforesaid incident is that a lawyer can always display tact during a Court Hearing. Adopting a positive frame of mind would in turn allow the Lawyer to adapt to the vexato questio in a court hearing.
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