DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

SUBJECT: LEGAL METHODS

PROJECT TITLE:

“IMPORTANT ELEMENTS IN JUDGMENT WRITING”

Ms.B.SOMA

SUBMITTED BY: B.S.S.SRIDEVI

ROLL NO: 2019LLB090 SEMESTER: I

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ACKNOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to our respected LEGAL
METHODS madam Ms.B.SOMA for giving me a golden opportunity in doing the project about
“IMPORTANT ELEMENTS IN JUDGMENT WRITING ”. I have tried my level best in
doing the project to give a clear description about the topic. I would also like to thank for the
eminent support and suggestions.

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LEGAL METHODS ABSTRACT
TOPIC: IMPORTANT ELEMENTS IN JUDGEMENT WRITING
Judgment is a decision of court regarding the rights and liabilities of parties in a legal action or
proceedings. Judgments also generally provide the court's explanation of why it has chosen to
make a particular court order. Before writing a judgment a judge must remember that he is
performing a public act of communicating his own opinion on the issues brought before him
and after the trail by observing fair procedures. There are certain main elements which are to be
considered in judgment writing by a judge. They include :
1.Finding facts
2.Case laws
3.Burden of proof
4.Beyond reasonable doubt
5.Proof
6.Applying the law to the facts
7.Evaluation of evidence of identification
8.Language and style
These are the main elements which are involved in judgment writing by a judge.I want to explain
these elements in an elaborate manner. The soul of a judgment are the reasons for arriving at the
findings . These are also called the opinion of the judge . There is no rigid rule as to how a
finding may be recorded. The judge however should give his reasons. It is not sufficient to say
that he believes the evidence or agrees with the argument. The judge must give his reasons for
such belief and agreement.An elaborate argument doesn’t always require elaborate answer. A
judge is a human being.He possesses the same strength and weakness as a common man. The
judgment must communicate a decision of the court . The decisions must be accompanied with
the reasons. The decisions must resolve the controversy. For all this to happen the key element of
a judge is the judgment writing would like to explain all these elements in this project .

NAME: B S S SRIDEVI
ROLL NUMBER:90
SECTION:B

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IMPORTANT ELEMENTS IN JUDGMENT WRITING
INTRODUCTION:
There are certain elements which are to be considered in the judgment writing by a judge. The
judge must be very much careful in giving the opinion because his judgment acts as a guide to
the people. Judgment writing is an art. It means an approach to the issues involved in the case for
determination and a tact to explain the reasons for the decision. The prime essentials for a good
judgment is that the language should be simple, elegant ,containing phrases and expressions
which convey with lucidity the legal idea to the readers. Simply saying the act of giving
judgment can be divided as follows;
 A statement of the questions to be determined
 The law
 Case laws
 Finding the facts
 The conclusion
 Applying law to the facts
 Language and style

The above said elements will be discussed in a more elaborated way in the project. Each of
the element will be examined and the final purpose of writing a good judgment is established.
OBJECTIVE OF THE STUDY:
The main objective of this study is to determine the elements which are
helping in establishing a good judgment. A judge is required to tell the parties not only decision
but also the reasons for it ,on the facts brought before him ,with the application of sound
principles of law.
RESEARCH QUESTION:
Is it essential to deliver a good judgment? And whether the above said steps are helpful in
delivering a good judgment

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LITERATURE REVIEW:
The research has been taken from various books , websources , articles and journals.
Secondary sources:
1. Art of judgment writing by Y.P.BHAGAT

RESEARCH METHODOLOGY:
The research is based on doctrinal method of research. It is a kind of analytical study in which
we are carefully examining the certain topic.
SCOPE OF THE STUDY:
The scope of the study is limited within India.
SIGNIFICANCE OF THE STUDY:
The significance of important elements in judgment writing is that these elements help in
establishing a good judgment, to clarify own thoughts, to explain the decision to the parties,to
communicate the reasons for the decision to the public and to provide reasons for an appeal court
to consider. The main drawback of any judgment is the cost and time taken. So with the above
said elements the time taken to make a rational decision will be reduced and a better conclusion
can be given to any judgment we make.
CHAPTERS:
1. Meaning of judgment
 Dicta binding force
2. The art of judgment writing
3. A statement of the questions to be determined or the issues
 Importance of issues in judgment writing
 Issues must be framed positively and inclusively
 Issues not properly formed
 Necessity of framing issues
 How to frame issues
4. Finding the facts of the case
5. The law
6. The case laws

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7. Applying law to the facts
8. The conclusion
9. Language and style
 Utilize plain language
 Develop a style with which you are comfortable
 Simplify paragraph and sentence structure and composition
 Use paragraph numbers, headings and subheadings
 Use active rather than passive voice
 Avoid Latin expressions and legalese
 Avoid redundancy
10. Editing the judgment

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 TABLE OF CONTENTS
 WHAT IS A JUDGMENT……………………………………………………….8
 DICTA BINDING FORCE…………………………………………….10
 THE ART OF JUDGMENT WRITING……………………………………….11
 ISSUES…………………………………………………………………………...12
 Importance of issues in judgment writing…………………………………...13
 Issues must be framed positively and conclusively………………………....13
 Issues not properly formed…………………………………………………...13
 Necessity of framing issues…………………………………………………...14
 How to frame issues…………………………………………………………...14
 FINDING THE FACTS OF THE CASE………………………………………15
 THE LAW……………………………………………………………………….17
 THE RELATED CASE LAWS…………………………………………………20
 APPLICATION OF LAW TO THE FACTS…………………………………..21
 STATING THE CONCLUSION………………………………………………..22
 LANGUAGE AND STYLE……………………………………………………...23
 Utilize plain language ………………………………………………….23
 Develop a style with which you are comfortable……………………..23
 Simplify paragraph and sentence structure and composition……….24
 Use paragraph numbers, headings and subheadings…………………25
 Use active rather than passive voice…………………………………...25
 Avoid Latin expressions and legalese………………………………….25
 Avoid redundancy……………………………………………………….26
 EDITING THE JUDGMENT………………………………………………….26
 CONCLUSION………………………………………………………………….28
 BOOK SOURCES AND ONLINE SORCES………………………………….29

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 MEANING OF JUDGMENT:

The very purpose of giving a judgment is to give justice to the litigants.a justice must
always be a substantial justice. A mere technical disposal may also be called as justice,
but it is the duty of the court to see that the judgment delivered must serve the purpose of
the seekers. The whole concept of law is based on this theory. That is why a mere
declaratory relief is considered to be dependant upon the discretion of the court. So the
court while serving the decision must see that the ends of justice are met.
In general sense it means a decision in a case.but the jural meaning may be derived from
the Code of Civil Procedure from Section 2 (9) defines it. It lays down that judgment
means the statement given by the Judge as the grounds of decree or order. Section 2(2)
defines the term decree and Section 2(14) defines the term order.
Decree is therefore defined as formal expression of adjudication which, so far as regards
the court expressing it, conclusively determines right of the parties with regards to the
matter in controversy in the suit and may be either preliminary or final. It shall include
the rejection of plaint and the determination of any question within section 144, but shall
not include the following two points. They are:
1. Any adjudication from which an appeal lies as an appeal from an order,or
2. Any order of dismissal for default.
A decree is preliminary when the further proceedings have to be taken before the suit can
be completely disposed of. It is final when adjudication completely disposes the suit. It may be
partly preliminary and final.
On the other hand order means a formal expression of decision of civil court which is not a
decree. The term decree and order defer a lot. But the term judgment means the both. Obviously
judgment always comes from the court and it must speak the complete adjudication of rights of
the parties though it may be preliminary or final or partly preliminary of partly final. But in all
the instances it must represent about the grounds on which the Judge decides the rights of the
parties.

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The Privy Council said that the word judgment indicates a judicial decision given on the merits
of the dispute before the court, KUPPU SWAMI V THE KING1. The Privy Council said in the
case of Amin bros that the word judgment doe snot include an interlocutory judgment2
The Supreme Court also stated that there is no Judgment or Order where the function of the court
was mere to dissolve 3
An order which is not final can never be a judgment.to be a judgment , it must be a decision
pronounced by a court in a cause which it hears on the merits 4. the following cases cannot be
treated as judgments
1. The order of court for filing an arbitration award
2. An order of HC in appeal from an award in an arbitration proceeding.
3. The decision of the HC in its consultative or advisory jurisdiction.
Calcutta HC examined the meaning and nature of three terms basically. They are Judgment,
decree and order. In the present case the petitioner who asks for a certificate under Section
134(1)(c) was placed on his trail on a charge under the Section 366 of IPC and tried by the
Assistant Sessions judge with the help of the jury. The jury bought in unanimous verdict of not
guilty in the favour of the petitioner and the learned Judge accepting the said verdict acquitted
him. Against this order of acquittal one Indu Bhushan Roy Chaudhary who described himself as
the father of the girl alleged to have been abducted filed a petition under section 430 of CrPC in
this Court for setting aside the order of the acquittal and obtained a Rule. The Rule was heard by
the Division Bench which by a Judgment set aside the acquittal and directed the petitioner be
retried by the Additional Sessions Judge. Now against the order of this , the petitioner now took
the case to the SC.
The words Judgment and Final order which occur in the Article 134(1) also occur in Article
133(1) of the Constitution and Section 109 of Code of Civil Procedure.
After referring the Privy Council Judgments his Lordship made the following observations.:
“ neither in the English law or under the Indian law the term judgment includes the interlocutory
order. In Section 205(1) of the Act, the word Judgment does not occur by itself, but is used in
conjunction with the order. When both the terms final order and judgment are used together ,

1
AIR 1949 PC 1
2
AIR 1950 PC 77
3
Premchand v state of Bihar AIR 1950 SCR 799
4
Hans Kumar v Union of India AIR 1958 SC 947

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they undoubtedly convey two distinct meanings and would make the word ‘final order’ wholly
unecessary.”
The Punjab and Haryana court in the case of STATE OF PUNJAB V SODHI SUKHDEV
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SINGH stated the meaning and nature of the terms judgment and final order.in a suit bought by
Sukhdev against the state of Punjab, the plaintiff summoned a number of documents from the
defendant in respect of which privilege was claimed. The Trail court upheld the privilege with
respect to some of the documents.with respect to those document also, it was expressly
mentioned in the order passed by the Court that the question of their relevancy, if permissible
under the law, was open to be raised by the department of Trail Court.
JUDGMENT A DICTA BINDING FORCE :
Statements which are not necessary to the decisions and that go beyond the occasion and lay
down a rule that unnecessary for the purpose in the hand is usually termed as dicta.they donot
possess the binding authority. Rights of property should not be upset,however, merely
because,when historically traced through the reports,of centuries, they reset upon a dictum , nor
it is right to distrust that follows on dicta when it is the practice and not the dicta that forms the
binding authority.even the individual dicta of the members of House of Lords although of great
weight have been held not to be of a binding authority,but, when dicta have been expressed
unanimously by all the Judges of the Divisional Court,it would not be seemly for the judges of
another Divisional court not to follow them.interlocutory observations made by the members of
the court while an argument is going on does not constitute as judicial pronouncements and they
just do not decide anything.

5
AIR 1960 P&H 487

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THE ART OF JUDGMENT WRITING:
The writing of judgment is very much useful and it’s importance has been discussed in many of
the special events by various personalities. In the USA, at the National Judicial College at
Reno,Nevada, it is a topic which frequently appears on the syllabus.
 The importance of judgment writing:
There are at least four reasons why the importance and techniques of the judgment writing must
be discussed. They are:
1. Judgment takes disproportionate amount of a judge’s time
2. If the time taken in the judgment writing is reduced then the court can deliver more efficient
and productive results at the same time
3. If we are to improve our techniques first we must do it by working smarter not by the way of
working harder
4. What we say in judgment is important to the parties
Lets discuss about each of the factor briefly
No statistics are there to show how much amount a judge spends on writing his judgment. In the
previous days it was all about the jury. The jury used to discuss the case and give the final
decision. So it was not a burden for the judge in writing a judgment but now it has gained a lot of
importance. After the abolition of juries in the civil cases it is now the duty of the judge which
has gained a lot of importance and now it is the duty of the judge to do a considerable work on
the case and determine the case and his judgment as what is the reason for his judgment and why
did he take the decision. The reasons which are now being given are more than the thing which
we require and it is now being criticized. Some are also saying that this is beyond what the
judicial system requires. Ordinarily a judge has no time allotted for doing this work. He must do
it very accurately.previously the judge would have been at leisure to attend to the other incidents
of judicial offices. It would be that 100-150 percentage of hard work is required in writing a
judgment than what is required in hearing the proceedings. The judge has the obligation of
finding the fact and stating the facts.so the judges are expected to do the work addition to that is
other than just sitting and writing. Most of the time spent in judgment writing than in the judicial
time.

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More importantly this now imposes a substantial additional work load on a judge that which
judges used to have in relation with the civil work in the courts. Ordinarily in the past trail judges
were given no time for the preparation of the judgment. It was assumed to be done after the
sitting hours or perhaps during the time which the settlement of a listed case happened to afford.
In the previous day there was a rule of the dark court room that is the rule that during ordinary
sitting hours a court must not be unused.a judge did not sit everyday and listed the
arrangements , if these listed cases were settled the judges would have a lot of time to do many
other works which a judge must do including the work of writing a judgment.
The position of this practice is completely different now. Judges are listed to sit more frequently,
and they find most of themselves in the court almost everyday. In the Court of Appeal it has been
stated that the judge must be allotted three days or three and half days in a week for the purpose
of writing a judgment. In the work of Court of Criminal Appeal time is allotted for reading great
volumes of files.
However it is believed that the obligation to write judgments increases substantially the work
burden of the judges of the Court.
STATEMENT OF QUESTIONS TO BE DETERMINED OR THE ISSUES:
Issues are to be treated as the key issues in proceeding further in the trail of the suit. It briefly
gives us the idea on what are the controversies and what are the issues to be solved and which
are to be proved.
Issue means a point in question at the conclusion of the pleadings.It is a point on which a case is
to be contested. There is an onus of proving the issue if it sis being framed. It can not be just
framed liked that . All the issues which are framed must be definitely proven If the issues are not
decided by the trail court in the judgment they become fatal in the appeal. If all the issues are not
not decided then the judgment is said to be incomplete and may be remanded back by the
Appellate court. It is also the duty of the court be vigilant at the time of delivering the judgment
to be careful in determining the issues. The court may recast the issues at anytime before giving
the judgment but it is important that if any recasting is being made then it must be notified to the
parties. After signing the judgment then it becomes functus officio and may not recall the case to
correct the error. The law makers were very much concerned about this and that’s why a
provision has been laid down under Rules 3 &4 of Order 14 of CPC enabling the court to
consider all the documents produced by the parties and even to hear them.

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While framing the issues it must be kept in mind that issues may be related to facts as well as
sometimes to the law.it depends upon the nature of the pleadings which parties undertake. Apart
from theses there are sometimes mixed questions based on both law and facts. The primary law
is that court has to pronounce its judgment on all the issues. According to the Rule 2 of Order 14
gives an exception and gives jurisdiction to the court to hear and decide an issue if it involves
pure question of law.
Issues framed make them more significant to the management. It is also a skill to present the
issue. The real trick here is that you must differentiate between the positional statements and and
the substantive real issues. Most of the positional statements are defensive postures which means
that appear to be issues but are actually not and may not be in maximum of the cases. They are
more about of what the party is afraid of losing than what they really want or need. The real issue
must be culled and taken out from behind the positional statements. For this process to be done
carefully the examination of facts must be done carefully and then the issues will be framed in a
proper way and automatically the result would be in our favour. If the positional statements
remain the focus and allowed to become the issues then the negotiation will break down into
proposition which cannot be effectively managed.a well framed issue is inclusive of all parties
and positively presented.
Issues must be framed positively and inclusively:
Neither of the party will accept their own liability, both can agree there is a risk of exposure at
trail. No party will agree that they have done shoddy work,both might agree further work need to
be done to resolve the matter. An issue which addresses the legal liability means who is liable or
at fault is not useful in mediation, only courts can resolve those issues.
Issues not framed properly:
If the issues are not properly framed then this might be a cause of injustice to either the plaintiff
or the defendant and surely the parties have to suffer a lot. If no injustice is caused,it is not
necessay to hold fresh trail of the suit.6
The Supreme Court and the Calcutta High Court stated that it is left to the parties raising the
issue to abandon it. But in that case he is not allowed to raise in subsequent appeal.7

6
R.B.Bharata charjulu v R.B.Aliuvelu manga tayaru , AIR 1996 AP 238
7
Meenati Sen v Kalipada Ganguly , AIR 1997 Cal 386

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Likewise if the court is omitted to frame issues, it too will not be fatal to the gearing of the suit if
no prejudice is caused to either of the parties.8
Both the parties have right to to abandon an issue of fact only, but not an issue related to the law.
Even if the court allowed to abandon such an issue, the party may re-agitate it in appeal.9
It may be noted that where any question of law is based on determination of some facts, the party
rising it may abandon.
Necessity of framing issues:
The parties lead evidence on all the contentions raised by the parties. A suit cannot be dismissed
on the ground that issue was not framed before the trail. No doubt that the issue which was
framed could have been more elaborate but since the parties went to trail having full knowledge
of the rival case and led all evidence not only in support of their contentions but in refutation of
those of the other side, it cannot be said that absence of an issue was fatal to the case,or that there
was that mis-trail which vitiates the proceedings. The Court has given their opinion that suit filed
cannot be dismissed on this ground and there is no need for remit,as the evidence which has
been led in the case is sufficient to reach the right condition.
How to frame issues:
Here the point to be noted is that issues must be based on the pleadings and the facts asserted by
one party and denied by the other party.
Where in a suit for partition, the plaintiff claimed unity of title and the defendant denied it, the
issue should be regarding the unity of title.But where the defendant asserts a case of previous
partition,the issue must travel up to it. Here the court may hear the plaintiff or his pleader
whether he admits the allegations of previous partition or not. The issues must be framed
accordingly if the parties at at disharmony regarding it. Hence framing of issues may not be
limited to the averments made by the plaintiff and denied by the defendant only. The defendant
might also have a say in determining the issues to be raised in some cases.
The Amendment Act of 1976 provided that , although a suit can be disposed of a preliminary
issue , the court shall ordinarily pronounce the judgment on all issues,but if there arises any
question regarding the jurisdiction part or a bar created by any law for being in force, the court
will postpone the settlement of other issues until the preliminary issues with regard to the
jurisdiction of the court or bar has been determined and the court may deal with the suit in
8
Girdhar Singh v Gokul , AIR 1976 Raj 10
9
Shak Makbul v Union of India, AIR 1960 Ori 146

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accordance with the determination of such issue, obviously, the amendment has introduced a
very exceptional jurisdiction in the court.
In POPAT AND KOTECHA PROPERTY V STATE BANK OF INDIA STAFF
ASSOCIATION10
“Clause (d) of Order 7 rule 7 speaks of a suit, as appears in the statement of a plaint to be barred
by any law. Disputed questions cannot be decided at time of considering an application filed
under Order 7 Rule 11 CPC. Clause (d) of Rule 11 of Order 7 applies in those cases only when
the statement made by the plaintiff in the plaint,without any doubt or dispute shows that the suit
is barred by any law in force”

FINDING THE FACTS OF THE CASE:

Judgments are generally started with a description of the litigation to date, including a recitation
of the pleadings. This makes for heavy reading and should not be included unless it is essential to
an understanding of the issues to be decided. When describing how he avoided all reference to
pleadings and orders, Denning LJ described them as "mere lawyer's stuff". 11Sometimes it will be
necessary to recite a history of the litigation or a narrate the facts of case, but mostly it will not.
Overall, it is liberating for the judge as well as the reader to move away from a laborious
recounting of every step in the litigation and the facts from A to Z. Only the facts or the history
relevant to what is to be decided should be included. Mostly these type of cases are seen in the
family law. This is a particular challenge in cases where, for example, there is a complex history
of litigation or a" cradle to the grave" factual scenario then only the facts relating to the issue
must be considered or taken into account in the writing . Although it is rarely necessary to
include the details of interlocutory proceedings, there are exceptions. For example, a vigorous
contest about discovery may be relevant when there is an allegation of concealment of assets and
a related dispute as to documentary proof of their existence or whereabouts, or where credit
generally is in issue. The simple and reliable rule is that if nothing ultimately turns upon it, it
should be left out. The discussion of facts may be see in three parts generally. They are:
1. in the introduction, to identify issues or to add context or colour
2. as part of a brief general narrative, early in the judgment, to establish time, place or order of
events
10
(2005) 7 SCC 510
11
Denning, op cit n 4

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 3. in deciding the issues of fact or law, including credibility. Care must be exercised when
dealing with facts, to include no more than are necessary.

A story of actualities, some important and some not, is probably going to divert and befuddle the
peruser. In spite of the fact that it is enticing for a judge to show authority of voluminous
material by including the detail, a sound handle is best exhibited by refining the realities to those
important to determine the debate and clarify the thinking. Complex actualities can be hard to
deal with in a compact and adjusted manner. The most clear model is in a family law case
including a heap of charges and counter-claims, spreading over a protracted period. These cases
are once in a while limited to discrete exchanges or occasions, run of the mill of a legally binding
contest or an individual wounds guarantee. They feature the significance of the beginning of the
judgment. Provided the direction of the judgment is clear and "the front page" sets the scene,
only those facts pertaining to five issues need be addressed.
Findings on the disputed facts can then be made. There is no need to labour the process by
reciting every aspect of the evidence. It is sufficient simply to summarise the area of dispute and
to make a finding. Naturally that finding must be supported by reasons. The knack is to give
sufficient reasons to clearly and briefly explain the decision. There is no need for the reasons to
incorporate "an extended intellectual dissertation upon the chain of reasoning12

The credibility of the parties or witnesses is often an important part of the fact-finding process.
Views differ as to where findings of credit should be made. According to some, they should be
set out early in the judgment. Others include them when dealing with particular disputes.Largely,
it will depend on the case. Where a party's credit is integral to the major areas of dispute, and
there is a clear view as to his or her credit overall, then it may be convenient to note the findings
early in the reasons for judgment. Where, on the other hand, credit is relevant to some disputed
facts but not others, or where a witness has been apparently honest in some respects but not
others, it may be more convenient to deal with credit as and when it arises inrelation to a
particular issue.
In making a finding using a loan, it is adequate to show an inclination for one assemblage of
proof over another and to clarify the inclination. (For instance, in view of the consistency of the
proof, the presence of verification or backing by other proof, a legitimate intrigue, or in light of
12
Athens v Randwick city council [20021 NSWCA 83.

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the fact that it was given in a sensible way.) It is typically pointless or unwanted to locate that an
observer was untruthful. It is proposed that a finding of unscrupulousness ought to be made just
where the conditions warrant it, for instance, where there is a charge of extortion or where there
has been unmitigated deceptive nature on issues basic as opposed to fringe to goals of the
question.
There is a distinction between a rejection of the evidence of a witness and a finding that a
witness has deliberately lied. In Smith v NSW Bar Association 13. Brennan, Dawson, Toohey
and Gaudron JJ pointed out that something additional to rejection of particular evidence is
needed in order to establish deliberate lies. Deane j discussed some of the factors which lead to
difficulty for a judge in determining whether a witness has deliberately lied:14
"Unless it be truly necessary for the purpose of disposing of the particular case, however, a
specific finding that a party or witness has deliberately given false evidence should ordinarily not
be made. Ordinarily, a party or other witness will not be concerned or entitled to set out to
establish that, if his or her oral evidence is ultimately found to be mistaken, the mistake was an
honest one. As a consequence, material which serves only to establish that a party or other
witness subjectively believes that his or her evidence is correct is likely to be inadmissible in the
proceedings in which the evidence is given.”
THE LAW:
It is fundamental for the judge to distinguish and set out the lawful standards applied in landing
at the choice. There is commonly no requirement for an extensive exposition in a first example
judgment, although there will be events in prevalent preliminary courts when decisions ought to
contain progressively sweeping proclamations of law. Re-appraising courts, more often than not,
talk about the law in more prominent profundity than is called for in first instance judgments. In
The Australian judiciary, Professor Campbell and Professor Lee write of ongoing concern about
the length and prolixity of judgments.15
In an address to judges of the Supreme Court of New South Wales, Justice Mahoney, President
of the New South Wales Court of Appeal, said: 16 "Judgments should refer shortly to the
principles of law relevant to the determination of the question in dispute. If you do not remember

13
(1992) 176 CLR 256 at 268; see also Kirby J in State Rail Authority of NSW v Earthline Constructions Pty Ltd (in liq,) (1999)
160 ALR 588 at 617-618.
14
Smith v NSW Bar Association (1992) 176 CLR 256 at 271.
15
Campbell and Lee, op cit n 2, p 230.
16
Justice Mahoney, "The Writing of a judgment", Supreme Court Annual Conference, 23 June l995

17
to do this, then on appeal it may be argued that you did not know what the principles of law were
or, indeed, that you did not know what you were deciding. Sometimes the formulation of the
question of law will be involved in, or overlapped by, the formulation of the question to be
decided. But it may go beyond it. What will be necessary in formulating the question of law will,
of course, depend on the particular case.”

When referring a case, the section of the judgment ought to be picked cautiously and cheaply.
Just such a large amount of it as communicates the recommendation being referred to ought to be
cited. Ideally ,that may add up to close to a couple of sentences, as opposed to a section, or a few
passages. Obviously, there are times when referring to a more drawn out piece of a judgment
might be essential.

Regularly, a lawful rule can be expressed by summarizing, as opposed to by direct citation. This
methodology makes decisions simpler to peruse. The expert for the suggestion of law ought to be
given, either preceding or following the recommendation, or as a reference or end note. The way
of referring to experts for lawful standards is a decision made by the judgment author, and may
rely upon whether the judge's court has received specific judgment composing rules or
conventions.
To illustrate how a lengthy part of a previous judgment can be summarised, consider the
following authority, as to the test to be applied in determining whether a discovered document is
subject to a claim of legal professional privilege. Gleeson CJ, Gaudron and Gummow JJ said in a
joint judgment:17
"58. At first sight, sole purpose appears to be a bright-line test, easily understood and capable of
ready application. Many disputes as to its application could be resolved simply by examining the
documents in question ... If the only way to avoid the apparently extreme consequences of the
sole purpose test is to say that it should not be taken literally, then it loses its supposed virtue of
clarity.
59. One of the considerations prompting rejection of the pre-existing test was that it was unduly
protective of written communications within corporations and bureaucracies. The sole purpose
test goes to the other extreme...

17
Esso Australia Resources Ltd v The Commissioner of Taxation (1999)201 CLR 49 at [58]-[61] (references omitted)

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 60. A dominant purpose test was sufficient to defeat the claims for privilege in Grant v Downs,
and Waugh. The reason why Barwick CJ, the House of Lords, and the New Zealand Court of
appeal preferred that test was that they were unable to accept, as either necessary or desirable,
the apparent absoluteness and rigidity of a sole purpose test. If the only way to avoid that
absoluteness and rigidity is to water down the sole purpose test so that, in its practical
application, it becomes more like the dominant purpose test, then it should be abandoned. Either
the test is too strict, or it lacks the clarity which the respondent claims for it
. 61. It would be possible to seek to formulate a new test, such as that adopted by Jacobs j in
Grant v Downs, or Deane j in Waterford, in a further attempt to adjust the necessary balance of
competing policies. To do so, however, would produce only confusion. As a practical matter, the
choice presently confronting this Court is between sole purpose and dominant purpose. The
dominant purpose test should be preferred. it strikes a just balance, it suffices to rule out claims
of the kind considered in Grant v Downs and Waugh, and it brings the common law of Australia
into conformity with other common law jurisdictions."
In deciding a claim of legal professional privilege, that judgment could be paraphrased as
follows: "In Esso Australia Resources Limited v The Commissioner of Taxation, the High Court,
by a majority, adopted the dominant purpose test. In their joint judgment, Gleeson CJ, Gaudron
and Gummow JJ discussed the sole purpose test, established in Grant v Downs, and the manner
in which it had been applied, and concluded:
'As a practical matter, the choice presently confronting this Court is between sole purpose and
dominant purpose. The dominant purpose test should be preferred.’18

Obviously, it is important to depict the prevailing reason test, and afterward to apply it to the
contested report or archives in the moment case.19

THE RELATED CASE LAWS:

Legislation as a concept is relatively easily understood across legal systems. However, due to our
Common Law heritage, case law has particular importance in the United States. Case law in this

18
Ibid at [61]
19
http://mja.gov.in

19
sense means the written opinions of appellate courts deciding a point of law. When judges have
to make decisions on matters of law they must follow the decisions of their predecessors and
superiors. This principle of stare decisis is crucial to maintain the element of predictability in
juridical relations.20
The legal advisor ought to perceive those materials thought about enticing by courts. In
particular, the legal counselor should realize that:

(I) Similar choices rendered by courts in close by purviews might be influential;

(ii) Analogous choices rendered by courts with purview over the debate might be enticing;

(iii) Dicta, the announcements made by courts on issues not inside the extent of the discussions
considered in choices, might be powerful;

(iv) Commentaries, including optional assets, for example, law audits, repetitions, treatises, and
so forth., might be convincing.

The lawyer should be able to distinguish the types of authority and recognize which tend to
provide the controlling principles for the resolution of various kinds of issues in various
substantive fields. Specifically, the lawyer should:

(i) Understand that mandatory authority is binding as precedent, and must be applied by courts;

(ii) Understand that persuasive authority is not binding as precedent, and may be accepted or
rejected by courts.21

Principle of stare decisis:

Stare decisis  is the common law legal principle that a court is obliged to follow the precedents of
superior courts (vertical stare decisis) and should follow its own prior decisions (horizontal stare
20
http://www.columbia.edu
21
Core Legal Research Competencies: A Compendium of Skills and Values as defined in the ABA Macrate Report, A Report by
the AALL Research Instruction Caucus (1997)

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decisis). Literally translated, it is shortening of a Latin phrase meaning once something has been
decided, it should be left decided.

Vertical stare decisis compels courts to follow the parts of the decision that form the holding
(legal decision) ratio decidendi (reasons for the decision) of a higher court to which that court's
decisions may be appealed (called "binding precedents"). Thus aside comments, hypothetical
examples and other such obiter dicta that are contained in a judgment will not bind an inferior
court (although they may be persuasive); additionally, the holdings and rationes decidendi of
higher courts to which the lower court's decision cannot be appealed, as well as those of courts
"at the same level" as the lower court, may also be persuasive but are also not binding.

APPLICATION OF LAW TO THE CASE :

At the point when the lawful issue introduced requires an use of existing law to novel actualities,
a great beginning stage is to choose what principle lawful thought the issue includes. You would
then be able to concentrate on that fundamental lawful thought, or "expression that pays,"1
finding and breaking down power that either
1) sets up what rules decide when the lawful thought is fulfilled and at the point when it isn't; or
2) gives truthful instances of at the point when the lawful thought is fulfilled and when it isn't.
For example, in the event that you are examining whether, under a specific reality situation, a
canine has been utilized as a perilous instrument for reasons for a first-degreeburglary resolution,
the expression that pays is "hazardous instrument." Useful case law may contain general rules
that characterize perilous instrument in this setting, similar to "a pooch is utilized as a hazardous
instrument when it is inside the control of the respondent and is prepared to assault." Or it might
contain an accommodating "actuality story" like "In the Smith case, a respondent arranged a 100-
pound Rottweiler that had gone to Joe's Guard Dog Obedience School to 'sic them,' and the court
held the canine was utilized as a hazardous instrument." When you have figured out what rules
apply what's more, what reality stories are accessible for examination,you create contentions
based on that data. So for the canine model, one rulebased contention may be "Here, the state can
contend that the litigant utilized his pooch as a hazardous instrument on the grounds that the
pooch was inside his control and was prepared to assault." An analogical contention may be

21
"Like the canine in the Smith case, here the canine was a prepared pooch of about100 pounds.
Further, similarly as the litigant in the Smith case advised his canine to 'get them,' here, the
litigant advised his canine to 'sic them.' Therefore, as in the Smith case, the court for this
situation will most likely infer that the canine was utilized as a hazardous instrument." Thus,
through a created set of criteria and through correlation with existing models, you can reach a
determination about regardless of whether the specific legitimate thought at issue is fulfilled for
this situation.

STATING THE COCLUSION:

As the beginning of the judgment introduces the subject matter, the conclusion should
resolve each of the issues identified at the start. The ending should contain no new
material, whether factual or legal, which has not previously been discussed. Some judges
choose to announce the result at the start of the judgment. Others, perhaps the majority,
announce their decision at the end. There is no "correct" view. Traditionally, the decision
is given at the end, thereby providing a logical flow to the judgment. Those who favour
stating the decision at the beginning, justify doing so to ease the tension for those with an
interest in the outcome of the case. They also acknowledge that most readers turn to the
last page first in any event. Whether to maintain the conventional approach or to declare
the outcome at the start is a matter of personal preference. Ultimately the choice may be
influenced by the type of case. For example, when sentencing a prisoner or deciding a
dispute concerning the residence of children, revealing the decision immediately may be
more humane, especially if the reasons for that pronouncement are lengthy and may take
some time. How the decision is reached must be evident. This is accomplished by
adopting a transparent reasoning process, dealing with both the relevant facts and law.
Whatever has influenced the decision should be stated in sufficient detail to thoroughly
explain it. Some writers have described the task of the judge as being one of persuasion. 22

22
See references in n 2.

22
 Arguably, the real obligation is to explain, publicly, how a decision has been reached,
rather than to persuade the reader23. After completing the decision, the proposed orders
and relief granted should be stated.
Finally it is important to give the conclusion because this helps the parties to reach a
stage and decide whether they are going for an appeal on such issue or whether they are
satisfied with the decision given by the court.
So the conclusion part also plays a key role in the scenario of judgment writing.

LANGUAGE AND STYLE:

Utilize plain language
Decisions ought to be anything but difficult to peruse. The utilization of plain, ordinary
language accomplishes this.
Except if there is a requirement for it, specialized language and legitimate language ought
to be kept away from. This does not expect judges to fall back on a counterfeit,
shortsighted composing style, but instead to utilize ordinary and reasonable words and
expressions. Think about the accompanying model:
Unique: "The contention as applied to the moment case seems to be, fundamentally, that
before furthermore, at the hour of the rezoning application the idea of the venture was
unmistakably comprehended to be a townhouse advancement."
Plain language "Direction contends for this situation that both previously and at the hour
of the change: rezoning application the venture was obviously comprehended to be at
own house improvement."
Develop a style with which you are comfortable
Build up a style with which you are agreeable Judges build up their own methods for
composing decisions. equity Mailhot of the Quebec Court of Appeal and judge Carnwath
of the Ontario Court of equity observed24
"One doesn't figure out how to compose well by essentially understanding course
readings. As it were the practice of composing, together with an attention to the
significance of successful correspondence, can prompt good results.'

23
See, for example, Gibbs j in Russell v Russell (1976) 134 CLR 495 at 520.
24
Mailhot and Carnwarth, op cit n 2, p 3.

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 Each judge has an individual way of articulation. decisions ought to be communicated in
a language and style which suits the leader. As has just been watched, there are numerous
admirers of the language and style of Lord Denning. Few could, with any achievement,
or it is proposed should, endeavor to write in his particular way. It is commonly better for
judges to write in their own style instead of impersonating another's, which doesn't fall
into place easily and is bound not to peruse normally either.
It is at times proposed that style ought not be mistaken for substance and, that recorded as
a hard copy decisions, it is substance instead of style which is significant. This deduces a
contention between style and substance. This isn't so is aptly contended by Edward Berry,
the recognize Canadian Professor of English and writer, who has encouraged judgment
keeping in touch with a few ages of North American judges.25
When choosing a writing style, the judge should always be conscious of the effect of the
judgment and particular findings on those who are concerned with it. Care should be
taken to avoid injection of personal views, by adhering to the purpose of the judgment.
This consideration may temper an inclination to humour, irony, trenchant criticism, anger
or morality, although there are occasions when humour or the expression of moral value
may be appropriate26
Simplify paragraph and sentence structure and composition
Simplify paragraph and sentence structure and composition In composing judgments,
careful thought should be given to both paragraph and sentence structure and
composition.
For example:
Original: "In this situation, I am of the opinion that the evidence that Mr Ajay has given
is somewhat inconclusive."
Alternative: "Mr Ajay’s evidence is inconclusive."
Notwithstanding utilizing plain language, utilizing shorter sentences, any place
practicable, is accommodating. At the point when long sentences can't be kept away
from, they ought to be gone before and pursued by shorter sentences, as assortment in
sentence creation holds the peruser's advantage and encourages the progression of the
judgment. Passages can likewise fluctuate long, from as short as one sentence, to
25
Berry, op cit n 2, pp 75 -76.
26
Kirby, op cit n 2, pp 11 I- 1 25.

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numerous sentences. It is regularly compelling to start and end each section with a
transitional sentence, giving a connect to the going before and following passages.
Use paragraph numbers, headings and subheadings
Use paragraph numbers, headings and subheadings It is increasingly common to see
numbered paragraphs in judgments, and for headings and subheadings to be used.
Whether this is done is really a matter of preference for the judge or court. One positive
consequence of numbered paragraphs is that it greatly assists in directing attention to a
portion of a judgment. Using headings and subheadings is also helpful to those seeking to
find a particular part of a judgment. It may also assist the judge by providing a checklist
to ensure that all matters needing attention have been dealt with.
Use active rather than passive voice
Use active rather than passive voice For easier reading, employ the active, rather than the
passive voice. This creates a more direct impact. Two simple examples illustrate this
proposition.
Example 1 Passive voice: "He was acquitted by the jury".
Active voice: "The jury acquitted him".
Example 2 Passive voice: "It was reported by the engineer that the bridge was structurally
sound and safe".
Active voice: "The engineer said that the bridge was structurally sound and safe."
Avoid Latin expressions and legalese
Keep away from Latin articulations.
Albeit a judgment is a lawful choice, falling back on formal language, including Latin
expressions or on the other hand articulations, ought to be dodged, except if there is a
valid justification to utilize such language or phrases. Some Latin articulations have
become some portion of ordinary language and their utilization can't be stayed away
from, for instance, subpoena, majority and sworn statement. Different articulations, for
example, viva voce, entomb alia or nunc genius tunc can promptly be substituted with
articulations, for example, "oral","among others" and "right away'. Predictable with the
point of utilizing plain language, articulations, for example, "the said", "hereinabove
referenced" or "it is along these lines requested, declared and proclaimed" ought not be
utilized. There are appropriate substitutes for such words and expressions. By composing

25
unmistakably and briefly, the subject matter being talked about ought to be clear, without
resort to these articulations. Keep away from excess.
Avoid redundancy
It is enticing to clarify the explanations behind a choice by reference to the convoluted
idea of the continuing or the issues to be settled. Such rumination in a judgment expands
its length, yet does little to improve its quality. There is no reason in saying, for instance:
"In the wake of looking into the entirety of the proof, and weighing cautiously the
contending contentions progressed by the gatherings, I have chosen that..."
Judges should cautiously consider the proof and the contending entries made for the
gatherings. There is no compelling reason to state this has been finished. Regardless of
whether there has been an appropriate or adequate examination of the proof, and whether
the contentions progressed, particularly by the losing party, have been adequately
considered ought to be evident to the peruser from the substance of the judgment.
EDITING THE JUDGMENT
It is usually said that there is nothing of the sort as great composition, there is just great
modifying. Setting up a draft judgment is diligent work. Be that as it may, the hardest
work starts when the draft judgment is done. Great altering guarantees that a judgment is
clear, intensive, rational, compact and has straightforward thinking. It recognizes
blemishes, for example, the utilization of oppressive language. Altering is a complex task
that ought to include:
· using a checklist of topics or issues to ensure that the judgment embraces all that it
should and that all issues are resolved
 checking names, dates, figures and other data for accuracy
 eliminating repetition
 excluding irrelevant findings of fact
 pruning lengthy quotations of law, passages of transcript, or
extracts from affidavits or documents tendered in evidence
 removing and replacing Latin expressions, jargon or outmoded
expressions
 eliminating explanations of the obvious

26
  using the active voice rather than the passive voice, wherever
possible
 simplifying lengthy, complex sentences and adopting short
sentences, where appropriate
 checking the use of punctuation to avoid ambiguity and facilitate
comprehension · scrutinising the length and content of paragraphs.

Obviously, time is a factor in deciding how a lot of altering is conceivable. In any case, in any
event, when a choice must be conveyed critically, some altering is as yet required, particularly to
guarantee that the choice covers every one of the issues raised for assurance. Where there is no
prompt weight of time (other than the basic to convey a choice as speedily as practicable), a
more careful amendment ought to be embraced. The more a judgment is altered or updated, the
better it will be, sensibly speaking.27

CONCLUSION
.
I think that this project would be helpful in writing the judgments accurately. It would help in
analyzing the elements of a judgment in a easier way and to reach to a conclusion. As sated in
the above project is not the hard work but the smart work which must be used by the Judges in

27
http://mja.gov.in

27
writing a judgment. If the following steps are used I think the process of this complicated work
of judgment writing would be easier.
For most judges, preparing judgments is the most demanding, challenging and even stressful
part of judicial life. Paradoxically, it can also be the most creative and rewarding. The hints we
have offered do not purport to provide a recipe for easy or fast judgment writing. But with the
clarity that flows from sound structure and style, the writing process is likely to be more
streamlined and judgments are likely to be shorter. For time-poor judges, with the pressure of
case upon case, it is an attractive spin-off that judgments which are easier to read are likely to
be easier to write.
Through this project I have gained a knowledge on how to write a good judgment, the
significance of writing a good judgment and also the elements important in delivering a good
judgment.

BOOK SORCES:

1. ART OF JUDGMENT WRITING BY Y P BHAGAT,KAMAL PUBLISHERS

ONLINE SOURCES:

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1. http://mja.gov.in/Site/Upload/GR/7Steps_2ClearerJudgmentWriting.pdf
2. http://www.columbia.edu

29