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Report No. 99

3.8. Views of an Advocate-General.-

The Advocate-General of one State has forcefully expressed his view in these words1:-

"I am against the suggestion of making it obligatory to counsel filing written briefs with a view to cut down oral arguments, because once oral arguments had to be allowed, the filing of written briefs, as a matter of experience, has in no way led to the cutting of the oral arguments in the Supreme Court of India. I would suggest the giving up of the practice of filing written briefs, so that cases can be decided entirely on the basis of oral arguments which, if controlled properly, can be confined to reasonable limits, not affecting satisfactory disposal of cases."

1. Law Commission Collection No. 22/15, Law Commission File, S. No. 128.



Oral and Written Arguments in the Higher Courts Back




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