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Judgement

The document defines a judgment as a statement given by a judge based on a decree or order. It discusses the essential elements that must be included in any judgment, such as a concise statement of the case, points for determination, the decision, and reasons for the decision. It also covers the process of pronouncing a judgment in open court, either immediately or within 30-60 days. Copies of the judgment must be made available to parties after pronouncement. Judgments must contain summaries of pleadings, issues for determination, findings on each issue, and the rationale for the decision. Judgments can only be altered for arithmetical, clerical, or accidental errors.

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Purva Thavi
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139 views

Judgement

The document defines a judgment as a statement given by a judge based on a decree or order. It discusses the essential elements that must be included in any judgment, such as a concise statement of the case, points for determination, the decision, and reasons for the decision. It also covers the process of pronouncing a judgment in open court, either immediately or within 30-60 days. Copies of the judgment must be made available to parties after pronouncement. Judgments must contain summaries of pleadings, issues for determination, findings on each issue, and the rationale for the decision. Judgments can only be altered for arithmetical, clerical, or accidental errors.

Uploaded by

Purva Thavi
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Judgement

Introduction
Section 2(9) defines judgment as “Judgment means the statement given by a judge on the basis
of a decree or order.”
The court, after the completion of the hearing, either at that moment or one some other day
pronounces the judgement. The judgement forms the concluding part of the civil suit and it
determines the rights and liabilities of the parties. In the legal world, the judgement given by
any court followed by its decree play a vital role to define the scope and limitations of the
individual.

Essential of the Judgement: - The essential element of a judgement is that there should be a
statement of the grounds of the decision. Every judgement must contain:
1. Judgement other than that of a Court of Small Causes
a. A concise statement of the case;
b. The points for the determination;
c. The decision thereon;
d. The reason for such a decision.
2. Judgement of a Court of Small Causes
a. The points for determination;
b. The decision thereon.

Pronouncement of a judgement
The word pronouncement means to make an official public announcement. Pronouncement of
a judgement means that after the hearing is completed i.e. after the Court has heard the
pleadings of the parties, the judgement shall be announced by the Judges in an open Court,
either at once or at some future day, after providing due notice to the parties or their learned
counsels.
If a judgement is not pronounced immediately then it must be pronounced within 30 days from
the date of the conclusion of hearing. However, sometimes it so happens that due to
exceptional and some extraordinary reasons like a bank holiday, strike or some other situation
it may be delivered within 60 days from the conclusion of the hearing. It is not mandatory for a
judge to read out the whole judgement and it would be enough if only the final order is
pronounced. The judge shall put the date on which the judgement was pronounced along with
his signature.
Rule 2 Order XX of Code of Civil Procedure, 1908 provides a judge with the right to pronounce
the judgement which is already written but is not pronounced by his predecessor.
After the Amendment Act of 1976, the time limit was provided between the hearing of the
arguments and the pronouncement of the judgement. Prior to this amendment no time limit
was provided as such. Such a time limit was provided because there was indefinitely continuous
imposition from all over India.

Copy of the judgement


Copies of the judgment shall be made available to the parties immediately after the
pronouncement of the judgment for the preferring an appeal on payment of such fees or
charges as may be specified in the rule made by the High Court.

Contents of the judgement


According to Rule 4 Order XX of Code of Civil Procedure, 1908:
Judgements of a Court of Small Causes are satisfactory if they contain the points for
determination and the decision thereon.
Judgments of other Courts shall contain:

 Summary of the pleadings which is a concise statement of the case;

 Issues which are the points for determination;

 Findings on each issue and the decision thereon;

 Ratio decidendi (reasons for such a decision); and

 The remedy, which is the relief granted.

Alteration of a judgement
Once a judgement is dated and signed by the judge it can only be altered or amended if:
There are arithmetical or clerical errors. (Clerical errors refer to the errors made by clerks and
arithmetical errors refer to errors made in numbers such as addition, subtraction, multiplication
and division). There are errors due to accidental slips or omissions (these errors take place
when some essential element is left unnoticed) (Section 152) on review (Section 114).

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