👉PURPOSE OF A JUDGEMENT
Main purpose of a judgement is to let the party know about the reasons for which the matter has been decided in his favour or against him, granting or refusing to grant relief. Another significant and equally important purpose of writing judgement is to provide the reasons which have weighed with the Court in deciding the matter, one way or the other,for appreciation by the appellate / superior court.
#ESSENTIAL #ELEMENTS #OF #A
#JUDGEMENT:
A judgement is the result of application of law to the facts of a given case. It is an expression of the ultimate opinion of the Judge which he renders after due consideration of evidence and arguments advanced before him. It is intended to put a final end to the controversy involved in the matter so that the dispute brought before the Court by the parties is set at rest. While Section 2(9) of Civil Procedure Code defines the judgement to mean “a statement given by the Judge on the grounds of a decree or order”, but there is no such corresponding definition in Criminal Procedure Code.
Some of the essential requirements of a good judgement writing are as under:
1. BEGINNING OF THE JUDGEMENT:
A judgement, at the top of it, should always contain the name of the Court, title and number of the case which is being decided and also the name and designation of the Judge concerned. This is necessary so that it is known as to judgement pertains to which matter and has been decided by which Court and Judge. It should also contain the date of delivery
of judgement.
2.OPENING OF THE JUDGEMENT:
A judgement should begin with brief introduction of the case history, such as what is its nature; whether Civil or Criminal etc. what is its stage, whether trial of a criminal case or anoriginal suit, appeal or revision and if trial whether regular or summary or of a misc. nature.
If it is not original jurisdiction, it should indicate as to how and when it reached the stage of appeal or revision. Case of the plaintiff / petitioner / appellant should be briefly noticed in the first instance with reference to his pleadings followed by such similar narrations of the case of the defendant / non-petitioner / respondent. In doing so, efforts of the Presiding Officer should be to notice every relevant fact, but at the same time, there should be no repetition and unnecessary facts should be omitted.
3. ISSUES AND POINTS FOR DETERMINATION:
The Presiding Officer should then proceed to frame issues and if it is a criminal trial, he may proceed to notice charges and in other matters, the points for determination within the periphery of which the evidence led by the parties can be marshalled and sifted and the arguments of their counsel examined. While Order 14 of the Code of Civil Procedure requires framing of issues on the basis of assertions and denials made by the parties in their pleadings on material proposition of fact or law, Section 354 of the Code of Criminal Procedure provides that the judgment should contain points for determination for decision
and the reasons for such decision. Framing of issues in a civil suit and charges in criminal trial are the requirements of law, but formulating points for determination in other matters also helps the Court to remain focused on the questions of law and facts which it is called upon to decide.
4. REFERENCE TO THE EVIDENCE; BOTH ORAL ANDDOCUMENTARY:
Evidence that is led in the matter may consist of both, oral as well as documentary. While oral evidence of the witnesses is noticed with reference to the number of the witnesses such as PW-1 or DW-1etc., the documentary evidence likewise is mentioned with reference to the number of documents as they are exhibited such as Ex.P-1 or Ex.D-1 or in other misc. matters simply as Ex.1 or 2 or Annexure 1 or 2. Brief reference to the statement of number of witnessesrecorded on either side and documents exhibited by both the parties may not be out of order.
5. THE DECISION ON ISSUES FRAMED OR POINTSFORMULATED:
The Presiding Officer may thereafter proceed to decide the issues or the points for determination, in the order they are framed. Likewise if it is a criminal trial, findings should be recorded charge wise. He should discuss the arguments of each party with reference to their evidence relevant to the issue / point in the question. Evidence of each of the issue / point should be sifted in the context of arguments raised. The Presiding Officer should record his finding on each of such issues by supplying his own reasons and giving logic for his doing so and not just by accepting the case of one party or rejecting that of the other. Findings on each of the points should be recorded in such a manner that they remain cohesive and linked to each other. The judgement should be reasoned and speaking one, but at the same time, it should not be unnecessarily longish.
6. DECRETAL / OPERATIVE PART:
Judgement should finally record the result of the determination either granting relief or refusing to grant such relief in civil cases and convicting or acquitting the accused in criminal case and in the case of conviction, clearly indicating the quantum of sentence both in terms
of imprisonment and fine and consequences of failure to pay fine within the prescribed time. Even in civil cases, this part of the judgement should be stated in clearest terms,leaving no scope for ambiguity. It should exactly indicate what the Court requires the parties to do and how the decision should be executed and which party has to carry it out, the
deadline for execution thereof. If it is a money decree, the amount of money to be paid, by which party to whom and if interest is also to be paid, the rate and the period for which it has to be paid. In civil cases, Order 48 Rule 3 of CPC provides the forms given in the appendices, which may be used as a guideline with such variation as the circumstances of each case may require, for the purpose therein mentioned.
7. SIGNATURE:
At the end of the judgement, the Presiding Officer should make his signature clearly indicating his typed written name in bracketed portion with designation and date of signing.
Main purpose of a judgement is to let the party know about the reasons for which the matter has been decided in his favour or against him, granting or refusing to grant relief. Another significant and equally important purpose of writing judgement is to provide the reasons which have weighed with the Court in deciding the matter, one way or the other,for appreciation by the appellate / superior court.
#ESSENTIAL #ELEMENTS #OF #A
#JUDGEMENT:
A judgement is the result of application of law to the facts of a given case. It is an expression of the ultimate opinion of the Judge which he renders after due consideration of evidence and arguments advanced before him. It is intended to put a final end to the controversy involved in the matter so that the dispute brought before the Court by the parties is set at rest. While Section 2(9) of Civil Procedure Code defines the judgement to mean “a statement given by the Judge on the grounds of a decree or order”, but there is no such corresponding definition in Criminal Procedure Code.
Some of the essential requirements of a good judgement writing are as under:
1. BEGINNING OF THE JUDGEMENT:
A judgement, at the top of it, should always contain the name of the Court, title and number of the case which is being decided and also the name and designation of the Judge concerned. This is necessary so that it is known as to judgement pertains to which matter and has been decided by which Court and Judge. It should also contain the date of delivery
of judgement.
2.OPENING OF THE JUDGEMENT:
A judgement should begin with brief introduction of the case history, such as what is its nature; whether Civil or Criminal etc. what is its stage, whether trial of a criminal case or anoriginal suit, appeal or revision and if trial whether regular or summary or of a misc. nature.
If it is not original jurisdiction, it should indicate as to how and when it reached the stage of appeal or revision. Case of the plaintiff / petitioner / appellant should be briefly noticed in the first instance with reference to his pleadings followed by such similar narrations of the case of the defendant / non-petitioner / respondent. In doing so, efforts of the Presiding Officer should be to notice every relevant fact, but at the same time, there should be no repetition and unnecessary facts should be omitted.
3. ISSUES AND POINTS FOR DETERMINATION:
The Presiding Officer should then proceed to frame issues and if it is a criminal trial, he may proceed to notice charges and in other matters, the points for determination within the periphery of which the evidence led by the parties can be marshalled and sifted and the arguments of their counsel examined. While Order 14 of the Code of Civil Procedure requires framing of issues on the basis of assertions and denials made by the parties in their pleadings on material proposition of fact or law, Section 354 of the Code of Criminal Procedure provides that the judgment should contain points for determination for decision
and the reasons for such decision. Framing of issues in a civil suit and charges in criminal trial are the requirements of law, but formulating points for determination in other matters also helps the Court to remain focused on the questions of law and facts which it is called upon to decide.
4. REFERENCE TO THE EVIDENCE; BOTH ORAL ANDDOCUMENTARY:
Evidence that is led in the matter may consist of both, oral as well as documentary. While oral evidence of the witnesses is noticed with reference to the number of the witnesses such as PW-1 or DW-1etc., the documentary evidence likewise is mentioned with reference to the number of documents as they are exhibited such as Ex.P-1 or Ex.D-1 or in other misc. matters simply as Ex.1 or 2 or Annexure 1 or 2. Brief reference to the statement of number of witnessesrecorded on either side and documents exhibited by both the parties may not be out of order.
5. THE DECISION ON ISSUES FRAMED OR POINTSFORMULATED:
The Presiding Officer may thereafter proceed to decide the issues or the points for determination, in the order they are framed. Likewise if it is a criminal trial, findings should be recorded charge wise. He should discuss the arguments of each party with reference to their evidence relevant to the issue / point in the question. Evidence of each of the issue / point should be sifted in the context of arguments raised. The Presiding Officer should record his finding on each of such issues by supplying his own reasons and giving logic for his doing so and not just by accepting the case of one party or rejecting that of the other. Findings on each of the points should be recorded in such a manner that they remain cohesive and linked to each other. The judgement should be reasoned and speaking one, but at the same time, it should not be unnecessarily longish.
6. DECRETAL / OPERATIVE PART:
Judgement should finally record the result of the determination either granting relief or refusing to grant such relief in civil cases and convicting or acquitting the accused in criminal case and in the case of conviction, clearly indicating the quantum of sentence both in terms
of imprisonment and fine and consequences of failure to pay fine within the prescribed time. Even in civil cases, this part of the judgement should be stated in clearest terms,leaving no scope for ambiguity. It should exactly indicate what the Court requires the parties to do and how the decision should be executed and which party has to carry it out, the
deadline for execution thereof. If it is a money decree, the amount of money to be paid, by which party to whom and if interest is also to be paid, the rate and the period for which it has to be paid. In civil cases, Order 48 Rule 3 of CPC provides the forms given in the appendices, which may be used as a guideline with such variation as the circumstances of each case may require, for the purpose therein mentioned.
7. SIGNATURE:
At the end of the judgement, the Presiding Officer should make his signature clearly indicating his typed written name in bracketed portion with designation and date of signing.
