Second Internal Notice

Judicial Process and Judicial Services-3 YR-LLB-SEM VI-Batch 2019-22

Internal Assessment II – Judgment Writing
Notification Date: 12-04-2022
Dear students,
This is to inform you of the second internal assessment for Judicial Process and Judicial
Services-SEM VI-Batch 2019-22.
The second assessment shall be Judgment Writing based on the Guest Lecture.
Performance will be evaluated based upon innovative submission, argument substantiated with
logical corollary and concerned with the factual matrix, reference or relevance of law or judgment
of courts, articulation of new ideas etc. The students can take into account the recommendations
by the Hon’ble Supreme Court in Joint Commissioner of Income Tax, Surat v. Saheli Leasing
and Industries Limited (SC 2010 191 Taxmann 165) for writing judgments and the learning
outcomes from the guest lecture of the same. A sample is also attached with this email for your
reference.
The Internal has been conceived with the aim of promoting skills of interpreting and applying
legal concepts to facts and drafting judgements.
The Judgement Writing will have the following principles and purpose:
(a) To develop a judicious mind;
(b) To apply legal concepts with a clarity of thought;
(c) To promote the spirit of rule of law and justice; and,
(d) To interpret law in a justifiable manner with a view to meet ends of justice.
Mode of Evaluation: Judgment Writing
Date(s) of Submission: 29 April 2022 (11:59 PM)
Please note: The factual matrix is provided at the end of the notice. (Annexure A)
Submission Guidelines:
 The judgement must be submitted online (LMS) and should conform to the following
guidelines:
a) It shall not exceed 2000 words (including authorities but exluding Case
Name/Number and other ancillary headings).
b) The students are required to cite authorities similar to Judgements of Court.
c) The judgement by the students shall conform to the format as mentioned below.
The essentials of a judgment include:
a) Title of the court passing the judgment
b) Suit details/case details
c) Description of parties
d) Counsel
e) Heading and date of Judgment
f) Introduction of the case
g) Admitted facts/undisputed facts
h) Plaintiff/Prosecution story
i) Defendant/defence story
j) Issues/Points for determination
k) Analysis and Final Determination
Kindly Note that the above-mentioned format is indicative and not exhaustive. The students are
required to adhere to the same and shall be at liberty to make any additions to advance the purpose
of the judgment writing.
Evaluation Criteria
Total marks: 15
Sub-criteria:
A. Adherence to Format of the Judgement- 1.5 Marks
B. Adherence to the Formatting Guidelines-1.5 Marks
C. Clarity and coherence in the language- 1.5 Marks
D. Inclusion & Interpretation of Facts- 1.5 Marks
E. Identification of Issues involved- 1.5 Marks
F. Application of legal provisions- 1.5 Marks
G. Arguments of both the parties- 1.5 Marks
H. Ratio Decidendi & Justification of choice for the final decision- 1.5 Marks
I. Suggestive improvements in Indian law perspective- 1.5 Marks
J. Final sentencing and innovation in interpretation- 1.5 Marks
Formatting Guidelines:
 The font of the entire body of the judgement must be ‘Times New Roman’ with the fontsize
of 12.
 A line spacing must be kept at 1.5 points, uniformly throughout the document.
 There shall be no footnotes or endnotes in the entire document, the authorities must
be cited within the main body of the judgement itself.
 The document must be neatly bordered from all the 4 sides.
 Any verbatim copying of any part of the judgement or the legal provision must be italicized
and written within inverted commas only.
 The margins of the document must be set in ‘Normal’ leaving 1” all four sides.
 Every page must consist of Page No. on the Top Right Corner, using the Format “Page of”
 The size of the document must be in ‘A4’ size
For any queries or clarifications, you can contact the undersigned.

Best Regards,
Dr. Dhanaji Jadhav
Prof. Shubham Shandilya-8390033180
Prof. Prachi Mishra
Faculty for Judicial Process and Judicial Services
Symbiosis Law School, Pune

Annexure A
FACTUAL MATRIX FOR JUDGMENT WRITING (Criminal)

“A” lives in one of the residential blocks of HEL Colony, Bhopal. On 01.05.1998 after taking his
meals at 10.00 PM and after locking his house, A left for attending one marriage in the neighbouring
colony. After marriage ceremony was over A returned back to his house at 3.00 AM. When he came
to his house, he saw that someone had broken the lock of his house and from inside the house his new
Hero Bicycle frame No. H-5394 is taken away. A rushed to the Police Station and lodged an FIR.
Sub-Inspector “B” investigated the offence.

During investigation S.I. “B” come to know from “C” that on the date of incident in mid night “D”
was seen nearby the house of A. D was taken into custody and in the custody of Sub-Inspector he
gave a memorandum statement that the bike is in his possession and has been kept by him inside his
room. Thereupon S.I. “B” prepared the memorandum, got it signed by accused D and witnesses E
and F. Hero Bicycle No. H-5394 was recovered from inside the room of D in consequence of
information received from D, in presence of accused D and witnesses E and F by S.I. “B”. Seizure
memo was prepared and bicycle was sent to Executive Magistrate for getting it identified.
Identification parade was held and A identified the bicycle recovered to be his own. After
investigation police filed the police report in Court and the Court after framing charges against
accused D, tried the offences.
DEFENCE

Accused has taken the defence that he has strain terms with complainant A. Therefore, complainant
has falsely implicated him.
 WITNESSES EXAMINED AND THEIR EVIDENCE

1) A, the complainant deposed the fact of house breaking and theft of his Hero Bicycle No. H-
5394, lodging the FIR, also identified the Hero Bicycle No. H-5394 in Court and deposed the
fact of identification parade and its memo. Cross examination – NIL.
2) E and F were produced to prove memo and seizure but they did not support the prosecution and
as such were declared hostile and were cross-examined by the prosecution. They admit their
signature in memo and seizure, they also admitted that because of threat given by accused, they
are not supporting the prosecution.
3) Witness C deposed that he saw the accused in mid-night on the relevant day near the house of
A. Cross-examination - NIL.
4) Sub-Inspector B deposed the fact regarding the memo, seizure of Bicycle and investigation. In
cross-examination he denied the suggestion of false implication by complainant.
5) Executive Magistrate G deposed the fact of identification parade and identification memo of
recovered Bicycle. Cross-examination - NIL.

NOTE: Evidence for Accused - NIL

ARGUMENTS

Prosecutor - Argued that from the evidence, charges against accused are proved.

Defence - Argued that witness E and F were independent witnesses but they did not support the
prosecution inspire of that if accused is held guilty, he being a student aged 19 years should be allowed
benefit under probation law because this is his first offence and his conduct except this case was
always remained good.