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Rafiq Judgment Effective PDF
Rafiq Judgment Effective PDF
Rafiq Judgment Effective PDF
High
Court
organized
at
by
the
10th
National
West
Zone
Judicial
Regional
Academy
I.
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,
corresponding
Code.
definition
Question
requirements
but
as
of
to
an
there
in
what
ideal
is
no
such
Criminal
Procedure
are
essential
the
judgement
has
been
of
Techniques
and
Tools
for
Enhancing
Timely Justice.
Justice ought to be timely delivered, but at
the same time, the judgements rendered by a Court,
which are the means for delivery of justice, should
be
framed
in
the
best
possible
manner,
is
the
at
essential
requirements
of
good
judgement
at
the
top
of
it,
should
always
so
that
it
is
known
as
to
judgement
case
history,
such
as
what
is
its
nature;
appeal
or
revision
and
if
trial
whether
Case
of
the
plaintiff
petitioner
such
similar
narrations
of
the
case
of
the
and
if
it
is
criminal
trial,
he
may
the
evidence
led
by
the
parties
can
be
law,
Section
354
of
the
Code
of
Criminal
for
determination
for
decision
and
the
of
law,
but
formulating
points
for
oral
as
well
as
documentary.
While
oral
the
documentary
evidence
likewise
is
other
misc.
matters
simply
as
Ex.1
or
or
FORMULATED :
The
Presiding
Officer
may
thereafter
proceed
to
trial,
findings
should
be
recorded
the
issue
point
should
be
sifted
in
the
The
judgement
should
be
reasoned
and
has
to
carry
it
out,
the
deadline
for
written
name
in
bracketed
portion
with
how
best
wants
to
the
judgement
communicate
to
conveys
its
what
the
readers.
The
while
reading
it
without
any
difficulty
he
should
do
so
in
his
own
language
precedents
are
actually
relevant
to
the
Officer
should
generally
refer
to
the
which
is
absolutely
essential
for
be
just
misled
by
head
notes.
Read
the
dicidendi
thereof.
The
Presiding
Officer
which
can
Plainly
communicate
spoken
immediately
judgement
quickly
and
reveals
Do
unfamiliar
not
and
use
terminology
irritating.
Never
which
use
may
be
complicated
be
prolix
or
verbose.
Such
judgement
is
should
be
dignified
and
restrained
while
Always
rather
therefore
than
using
prefer
passive
to
use
voice.
active
Although
material
or
personal
knowledge
or
the
judgment.
While
writing
the
judgment,
fallible.
The
language
of
the
criticism
antithesis
to
judicial
determination.
to
defend
himself,
should
be
always
headings
judgement,
which
and
you
then
sub-headings
consider
might
in
consume
its
readers.
monotonous
enable
This
reading
the
readers
of
would
the
to
help
continuous
reach
that
break
the
text
and
part
of
the
recorded
by
the
Presiding
Officer
on
against
him.
Reasons
are
also
necessary
for
Giving
reasons
is
thus
considered
be
substitute
for
the
quality
of
court
to
agree
with
his
view
point.
tend
to
obscurity.
But
at
the
same
time,
the
reasons
that
it
contains
assume
significance.
G. LINKAGE AND COHESION:
The judgement should be arranged in such a way that
the reader is able to know effortlessly how and why
the Judge has reached the given conclusion. While
framing the judgement, discussion on the arguments
advanced before the Court should as far as possible
be made in the order in which the arguments have
been noticed. There should be cohesion and linkage
of the preceding part of the judgement with the
succeeding one. Discussion on one topic should end
in such a way as to connect it with the beginning
of
another.
Each
paragraph
of
judgement
should
eliminate
the
necessary
with
judgement
which
irrelevant
view
in
to
turn
arguments.
saving
will
space
save
This
is
in
the
unnecessary
dealing
with
number
of
different
and
complex
it
should
look
like
an
interwoven
single
it
should
make
an
interesting
reading
from
is
Always
as
therefore
concise
as
is
ensure
that
the
compatible
with
the
balance
conclusion.
between
Ensure
exposition,
that
it
is
analysis
written
in
and
easy
two
dictionaries
and
thesaurus
to
should
be
delivered
at
the
earliest
do
so
on
the
ground
of
the
exceptional
and
the Court
which
should
ordinarily
be
not
beyond
may
save
the
Judge
from
unnecessary
criticism.
I. AVOID MEDIA ORIENTATION:
Media
orientation
of
the
judgements
has
today
become
very
disturbing
trend
which
should
be
by
the
courts
are
not
only
meant
to
access
to
them
and
subject
them
to
fair
approach
is
very
necessary,
otherwise
the
notes
while
hearing
the
arguments,
help
him
in
improving
quality
of
the
This
would,
on
its
own,
ensure
to
This
would
make
also
enable
corrections,
the
Presiding
modifications
or
the
short
orders
on
matters
of
the
draft
of
the
judgement
because
there
is
liberty
to
make
corrections
of
facts
and
not
go
with
such
mistakes
and
ambiguities
is
my
earnest
hope,
these
suggestions
might
Lawyers
appearing
for
the
parties
in
such
citations
in
his
judgement
but
while
paper
was
read
by
Justice
Mohammad
Rafiq,
Workshop
conducted
by
National
Judicial