judgement writing

judgement writing

We Indians are verbose, and need to be reminded that humans were born with two ears and two eyes, and one tongue, so that we should see and hear twice as much as we say. Shakespeare too, I, think, must have had us Indians in mind, when he wrote in Richard III; ‘Talkers are no good doers.’ Hence he offers us this advice in Henry V ‘Men of few words are best of men’.
11. The Judge must state the facts explicitly and consciously as they are found and the reasons for the decision.

Presiding Officer: ………………………..……. RJS
Once the agreement and the borrowal are held to be genuine, the oddness of the borrowed amount becomes immaterial. The claim of the defendant regarding construction of plaintiff’s house has no bearing on the issue of his borrowal of money and is thus disregarded.

Judgement writing
For example, the Chief Justice of India, Dipak Misra, received flak for his illegible sentence construction in a 2016 judgment — in Subramanian Swamy v. Union of India & Ors, the second sentence ran into 228 words separated by over six commas and 17 “ands”. Whether the crux of the decision can be understood is questionable.
The attempt towards improving judgment quality (in the form of training sessions on judgment writing conducted by judicial academies) appears to be ineffective as several judgments in lower and higher courts continue to remain verbose. Judicial training must lay emphasis on the need for concise and reasoned judgments.

Judgement writing
Judiciary is a key governance and rule of law institution in a country which upholds the rule of law by resolving society’s disputes in a fair, timely and equitable manner. The constitution of the People’s Republic of Bangladesh in Article 35 explicitly recognizes the right “to a speedy and public trial by an independent and impartial court or tribunal for every person.”
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Set out points for determination:-
In a criminal case, it is the duty of judge to set out points for determination and to give decisions on each point in the judgment (Ref: Swaminathan Ambalam Vs. P.K.Nagaraja Pillai, 1973 Mad.110). It is the duty of the trial Court to refer to the evidence in respect of the points of the points at issue between the parties before he arrives at his findings; (Ref: R.K.Lukhoisna Singh Vs. Yumnam Laingam Singh, AIR 1961 Mani 10). A judgment containing findings without proper pleading and necessary issues is bad. Language of the judgment should not be unbalanced; Ref: D.Morcopollo & Co. (P) Ltd. Vs. D.D.Marcopollo & Co. (P) Ltd., Employees Union, 1958 SC 1012. A party, who has raised a contention which is available to him under the law, is entitled to a fair and proper hearing on that and to finding by the courts of fact on such contention; Ref: Minala Vs. Anchi Devi, AIR 1965 Pat 66. 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. As to criminal case is concerned, 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 case and charges in criminal trial are the essential requirements of law.
Language of the judgment: