Saturday, 17 April 2021

Excellent Tips for Judgment writing

 1) Master the facts of the case

2) Read applicable statutory law.
3) Thereafter apply your mind considering ratio of binding precedent relied upon by both parties.
4) Ratio of case is to be mentioned in short in three four lines.
5) Judgment should be based on facts which are proved by the parties.
6) Interim orders are not binding precedent if they are on facts without exposition of law.
7) Findings on facts given by court are not binding as precedent.
8) Judgment on concession is not precedent.
9) Judgment given by court without hearing other side/Exparte is not binding as precedent.
10)  Court can not hold observations made in other case laws on the point of appreciation of evidence regarding the credibility of a witness as precedent

11)  Unreasoned Decisions passed On Technical Grounds Without Entering Into Merits Are Not Binding Precedents

12) Precedent laid down by  a coordinate Bench binds subsequent coordinate Benches

13) Roses in December, the autobiography (published in 1973) of Justice MC Chagla, the first Chief Justice of the Bombay High Court after independence mentions this excellent tips for Judgment writing.

"If all this is well understood, I think there can be a much greater control over arguments than I have witnessed recently. Repetition does not advance the strength or validity of an argument, nor reference to a string of authorities, when the principle of law is well settled, and capable of being accepted without any debate. The present tendency to rely more and more on authorities, and less and less on principles, is, to my mind, most unfortunate. Judges these days seem to refuse to decide a case unless an impressive number of authorities are cited before them. They require external props, so to say, to support their judgement. This, I think, arises from a fear that if a principle of law were enunciated without a supporting authority, the principle would not carry much weight."
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