What a judgement should contain?

Question:- What a  judgement should contain?

Answer:-  Judgement of a Court of Small Causes need not contain more than the points for determination and decision thereon.

Judgements of other courts should contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision[Order XX, Rule 3].

The Court cannot relieve itself of the necessity of complying with Order XX, Rule 4, even if it strikes out the tenant’s defence against delivery of possession or the written statement. [Gunidas Biswas v. Charu Panna Lal, A.I.R. 1977 Cal. 110].

In suits in which issues have been framed, the court shall state its findings or decisions with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues sufficient for the decision of the suit.[Order XX, Rule 5].

The judgment should be signed and dated by the judge in open court at the time of pronouncing the judgement. Without this the judgement is invalid.

The object of a judgement is to support by the most urgent reason that suggest themselves final conclusion at which the judge has conscientiously arrived. The object is defeated by the judge elaborately recording the fluctuations of his mind from day to day in reference to the witnesses, the evidence and the arguments. It is a substantial objection to a judgement that it does not dispose of the question as it was presented by the parties [ Raghunadha v. Shri Brij Kishore, (1876) 3 I. A. 154]. If a judgement is unintelligible, the appellate court may set it aside and remand the case to the lower court for the recording of judgment according to law after hearing afresh the arguments of the pleaders.[(1922) 4 Lah. L.J. 56]

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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com