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Case Citation in Court Filings

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The Case Citation is an essential tool in Indian legal practice. It provides a standard way to reference judgments, ensuring the court and opposing counsel can easily identify the authority relied upon. Knowing how, when, and why to cite cases is crucial for effective legal drafting and advocacy.

What is a Case Citation?

  • A case citation is a standardized reference to a previously decided judgment.
  • It normally includes:
    • Case name (Party A v. Party B)
    • Year of decision
    • Reporter series (SCC, AIR, SCC OnLine, Manupatra, etc.)
    • Page number or unique number

Example:

  • Kedarnath v. State of Bihar, AIR 1962 SC 955
  • Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, (2022) 10 SCC 225

Why are Case Citations Used?

Case citations are important because they:

  1. Provide Authority – Show that your argument is backed by judicial precedent.
  2. Ensure Authenticity – Allow the judge to verify the case from a reliable source.
  3. Create Clarity – Help avoid confusion in identifying the judgment.
  4. Reflect Hierarchy – Supreme Court precedents bind all courts (Article 141), while High Court rulings bind lower courts in that state.

When Case Citation is Not Necessary

  • Landmark cases are often referred to by name only (Kesavananda Bharati, Maneka Gandhi, etc.).
  • When attaching a certified copy or official printout, the name + date + court may be enough.
  • Oral arguments often allow just the case name without citation.

Free vs Paid Case Citations

Free Sources

  • AIR (All India Reporter) – Example: Kedarnath v. State of Bihar, AIR 1962 SC 955
  • SCC OnLine (Free via libraries/court access) – Example: 2022 SCC OnLine SC 1376
  • Court Websites (Supreme Court/High Court official sites) – Example: Gajanand Burange v. Laxmi Chand Goyal, decided on 11 Nov 2022 (SC official site)
  • Indian Kanoon – Unofficial but widely used.
  • SCC (Supreme Court Cases, EBC) – Example: (2022) 10 SCC 225
  • Manupatra – Database reference, e.g., MANU/SC/0370/2022
  • AIR (Subscription Volumes) – Though often available in court libraries.

Referring to a Judgment Directly

When reporter citation is unavailable, you can still cite by:

  • Case name + date + court

    Example: In Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, decided on 11 Oct 2022 by the Hon’ble Supreme Court of India…

  • Attaching certified copy or official website printout.
  • Using neutral citation where available (e.g., 2023 INSC 567).

Examples in Drafting

Reliance is placed on Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, (2022) 10 SCC 225, wherein the Hon’ble Supreme Court held that…

Free Citation

In Dilip Hariramani v. Bank of Baroda, 2022 SCC OnLine SC 579, the Hon’ble Supreme Court clarified that…

Direct Reference (No Citation)

The Hon’ble Supreme Court in Gajanand Burange v. Laxmi Chand Goyal (Judgment dated 11 Nov 2022, available on the SC official website) observed that…

Practical Drafting Template

You can insert a standard section in petitions or written submissions as follows:

That the Hon’ble Supreme Court in the case of __________ (Citation/Date) has categorically held that ____________. The principle laid down therein is squarely applicable to the facts of the present case. A copy of the said judgment is annexed as Annexure __.

For multiple cases:

The legal position is settled by the following judgments:
(a) *Maneka Gandhi v. Union of India, AIR 1978 SC 597*
(b) *Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1*
(c) *XYZ v. ABC, 2023 SCC OnLine SC ___*

Best Practices

  • Prefer SCC or AIR citations when available.
  • If not, SCC OnLine or official court website references are acceptable.
  • Avoid excessive case law — 2–3 strong authorities are better than 10 weak ones.
  • Always annex a copy of the judgment with your filing.
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