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Why Judgment reading is important

Reading a judgment is an art, little doubt about it. Since we've all been during this business for many years, we appear before various forums, including appraisal officers. But the aim that the judgment rendered by the court wasn't properly fulfilled; because we don't understand how to read the judgment correctly. We always hastily submit a replica of the judgment which doesn't give any conclusion. So, I took this chance to jot down a commentary entitled "Studying Judgment is an Art".

Why Judgment Reading is important?

 

Reading a judgment is an art, little doubt about it. Since we've all been during this business for many years, we appear before various forums, including appraisal officers. But the aim that the judgment rendered by the court wasn't properly fulfilled; because we don't understand how to read the judgment correctly. We always hastily submit a replica of the judgment which doesn't give any conclusion. So, I took this chance to jot down a commentary entitled "Studying Judgment is an Art".

Important points are described here:

1. The judgment should be read in its entirety.

2. Don’t rely solely on case reference or head reference.

Types of Judgment.

 

Judgments are of two types:

1. Judgments supported the facts and circumstances of a case within the bounds of the relevant laws during which no court can propose new law except in compliance with the law.

2. Judgments supported legal and constitutional law, which are mainly interpretive, will be challenged by the courts with new legal proposals. But the dynamics of the law doesn't mean that courts are often created in a very country with a written constitution that prescribes separate powers.

The primary duty of the courts is to uphold the present laws. The Supreme Court or the High Courts are not any exception. Judges must be very careful within the wording, expressions, and interpretation of the laws that connect the facts and circumstances of a case at the touchstone of the relevant laws, judicial declarations and judicial principles.

For example, MGRM Medicare limited versus. Within the area of ??operation1, the Hon'ble state Supreme Court in Hyderabad for the State of Telangana and Andhra Pradesh directed the government to repeal No. 1615 of GOMs dated 31-08-2005. "The Schedule of an Act is an integral a part of that Act. it's valid given that the Schedule is amended in accordance with the procedure set forth in Section 79 of the VAT Act, or by legislative exercise, and not by the issuance of a Notice under Section 76 (2) of the VAT Act. There’s not even the case of the respondents that the notice in No. 1615 is an assembly exercise. The power to get rid of issues under section 76 (2) of the VAT Act by issuing an administrative / administrative order cannot revoke or encircle the entries within the table of the VAT Act. (2011) 45 VST 47) .This is one in all the simplest judgments.

P. The judgment must be read in its entirety: one must remember that the judgment must be read correctly from the statement of facts / abstract facts described within the case law (in order for the petitioner / appellant to play the door) court);

(B) then to the realm of ??discussion: the principles and rules of law / law taken before the court;


(C) Note the lawsuits on which both parties rely: to know the applicability of the lawsuits stated within the case;

(D) Arguments of both parties: Clarification of facts in their view.

(C) Functional area: i.e. the definitive a part of the judgment of the judges.

B. don't rely only on the case note or title note: In some cases, we read only the case note or title note of the judgment, without gazing the judgment in its entirety, while presenting arguments before the tribunals and therefore the High Courts. The case runs the danger of not always understanding the end result of the judgment and therefore the credibility of such a judgment stating the title / case note might not provide the right judgment and as a result the justice we seek might not be available.

Patience is that the essence of studying absolute judgment. Judgment shouldn't be read hastily in search of favorable points for the case at hand. Patient listening and reading are the simplest points for advocacy. Reading a judgment is research during this matter.

An American writer, Mr. it's good to sound the alarm within the words of Frederick Burns Weiner, who, in his useful book "Effective Appeal Lawyer," says that legal digestion should be used just for "orientation of the lawyer in unfamiliar legal fields or to produce citations for cases that cause further research." “It isn't best to authorize cases about the strength of the note / case note / title note.

The first principle to recollect is that no two events within the world are always the identical in every way. There are always some differences between one situation and another, although they'll both elevate the scene of an identity. Therefore the two cases before the court don't seem to be identical.

 

 

How to read judgment fast and proper?

The art of a fruitful reading has got to be essentially in the midst of the element of getting a transparent comprehension, the more you understand the more you grasp and your understanding becomes the most effective.
Good vocabulary – so as to own a transparent and precise picture of the judgment, the reader must be conversant in the Latin terms and maxims which are utilized by the professionals within the due course of reaching upon the decision. a decent Legal professional must have a superb command over the language.
Knowledge – The judgment revolves around several Legal facts which may well be either within the kind of any recent amendment brought into the prevailing Law or may involve the applying of some international Conventions. Thus if the reader is already responsive to the applied statutes then it becomes quite easy to excavate the utmost from the reading.

.Kesavananda Bharati vs. State of Kerala, the landmark judgment which needs to be read by everybody involved within the field of law runs in around 2100 pages which could create a fear in your mind regarding the approach to handle it. Keep the actual fact in your mind that an honest case brief is often a sincere attempt made by a delicate reader who knows all right to interpret the terms within the required manner.
Here comes the time after you need the appliance of your observation skills try and bear the primary paragraph of the judgment and mark the important and therefore the relevant things involved in it.
There will be instances throughout the course of your reading once you will find that certain paragraphs and also the content involved in them are of trivial aspect try chucking them down.
The paragraphs which are too lengthy and are majorly involving the repetitive facts rewrite them in your own language so as to own a convenient reading and an improved understanding.
At the tip of this activity, you'll find that the paragraphs are reduced up to a touch extent and now you'll be able to have a snug reading and understanding of your own valuable inculcation throughout the journey of your reading.

 

 

 

 

 

 

 

 

How to be a master at analyzing judgments


Know and understand the foundation explanation for filing the case- The prime and also the foremost thing which should be done is to understand the foundation reason for getting the case registered. as an example, if the topic matter invokes the constitutionality of any statute then you'll be able to apply your basic understanding and knowledge for the aim of analyzing the judgment.
Create a distinction between the submissions of the parties- Though so as to own a critical appraisal of the judgment it becomes essential to possess a transparent and precise understanding of the written submissions made by the parties, it might be more efficient if the reader creates a distinction between the arguments made by the parties.
Have the relevant laws readily available- The judgments involves statutory provisions and various reports prepared by the Law Commission, which are long enough to be remembered in such a situation keep the bare Acts and therefore the reports readily available on a separate window in your laptop.
Keep the practice of reading the judgments on an everyday basis so as to master within the art of learning the judgments, then you'll be able to see the change.

                                                                                                                                         

Qualitative judgment is the other name for analysis using subjective judgments based on factors such as labor relations, strength of development and research, industry cycles, management expertise and other information that cannot be quantified. While quantitative analysis typically consists of numerical values and numbers, qualitative judgment takes unquantifiable data or words into account. The two methods may seem fundamentally different, but they are actually quite similar, as it is possible to quantitatively codify all kinds of qualitative data, and to assign numerical values to the latter. However, this trivial issue has given rise to a huge qualitative-quantitative debate that has snowballed into a mammoth dispute between researchers. The mixed methods, according to modern researchers, is a more inclusive approach resulting in better accuracy of judgment and analysis.

 

The format of Judgment writing

Civil judgment and criminal judgment are different in their structure and format. So, make a thorough reading of the facts and understand what kind of case it is. Start the judgment with the name of the court and then the name of the presiding officer followed by the cause title of the case. Start the body of the judgment with the facts of the case in your point of view. In case of civil cases write down the issues framed, both issue in law and issue in fact. Take out each issue and critically analyze it with the arguments advanced from both the side. If it is a criminal case, frame the charges and discuss each charge based on the pleadings given. Compare and elucidate all materials said to be placed before the court and apply the relevant provision of law. The most important part of the judgment is the ratio decided where you have to make a decision about the case and give reasons for that decision. This is where the candidate’s articulation skills are assessed in the judgment written. One can either adopt a chronological approach or a thematic approach to reach a conclusion. Either way, a logical sequencing of the trial is necessary as far as a good judgment is concerned.

 

 

Style of judgment writing

Writing as much as possible in plain English language is the best way to nail a judgment writing task. At the same time avoid repetitions and long sentences which could cause difficulty in understanding the point. A good judgment explains the losing party why they lost, so each and every nuance of the case could be explained in the simplest manner. Including footnotes can help you to avoid dragging the judgment into a lengthy one. Even though the substance is more important than the style, following a single style of writing will make the judgment look neat and tidy.

 

Conclusion

If you are able to establish a logical and coherent judgment outline at the beginning itself the rest of it will be an easy work.  Develop a good mastery of the factual issues to be resolved and then conduct a thorough analysis of the evidence presented in the light of the applicable law. Finally, articulate the reasoning behind the judgment by giving importance to the rule of fairness and equity.

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