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Report No. 99

3.6. Other difficulties.-

The sitting Chief Justice of a High Court3, while stating that the filing of written briefs should cut down oral arguments, adds the following very important qualifications to that assumption:-

(i) It would depend on the labour put in the briefs.

(ii) It would definitely increase labour of the Judges.

(iii) If a departure is to be allowed from written briefs, the purpose would be lost.

(iv) On the introduction of written briefs litigation may become a little costlier, as counsel might demand higher fees or extra fees for the written briefs. He winds up his reply on this question by stating that the proposal is worth trying "with some safeguards".

1. Law Commission Collection No. 22/5, (bottom).

Oral and Written Arguments in the Higher Courts Back

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