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Report No. 99

3.7. Written arguments whether to follow oral arguments.-

The Advocate from Madras1 suggests that written arguments, if at all they are to be provided for, must be after oral arguments. Otherwise (he says) they may become diffused, since all points, including minor ones, and including points which may ultimately be considered irrelevant, may have to be covered. "Judges often tend to approach cases with pre-dispositions and, in view of their heavy work loads, they may skip over most of what is given, in writing."

1. Law Commission Collection No. 22/7.



Oral and Written Arguments in the Higher Courts Back




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