{"id":935,"date":"2012-03-19T13:26:28","date_gmt":"2012-03-19T13:26:28","guid":{"rendered":"http:\/\/www.itatonline.org\/articles_new\/?p=935"},"modified":"2012-03-20T07:45:23","modified_gmt":"2012-03-20T07:45:23","slug":"vodafone-the-art-of-writing-judgements","status":"publish","type":"post","link":"https:\/\/itatonline.org\/articles_new\/vodafone-the-art-of-writing-judgements\/","title":{"rendered":"Vodafone & The Art Of Writing Judgements"},"content":{"rendered":"
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Vodafone & The Art Of Writing Judgements<\/p>\n

Hon’ble Shri. D. Manmohan, Vice-President (Mumbai Zone) <\/p>\n

\t\t\t Hon’ble Shri. D. Manmohan uses his vast experience as a lawyer & Judge to explain how a judgement should be written. He cites the example of Vodafone International vs. UOI<\/a> as a ‘model’ judgement for the way it has been structured. He also gives several other examples of judgements written by Lord Denning, Krishna Reddy & other Law Lords and emphasizes that Judges must use simple and clear language in their judgements\n<\/div>\n

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Before the advent of East India Company judgement writing was not as important as it is now. The decisions were rendered by Kings or Juries\/Panchayats, who need to do no more than sum up, as briefly as possible. Under the common law system all the developed and developing countries are following the precedent based approach and there are hierarchy of courts. In order to enable an appellate court to understand as to why a judgement is rendered in a particular manner, the judge must now prepare the judgement often at considerable length.<\/p>\n<\/div>\n

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Using short sentences while setting different facts and maintaining the simple flow of language, rather than flowery language, is preferable. One should always bear in mind that the expression used in the body of the judgement is of utmost importance to the parties who are laymen, not instructed under law<\/p><\/div>\n

Judgement Writing – An Art:<\/strong><\/p>\n

Judgement writing is a skill that could be learned and practised. A well structured judgement enhances clarity. In fact ‘Art of writing of judgement’ has been a popular topic in most of the judicial conferences, not only in India but in United States of America and Australia. On account of computer evolution, reported and unreported decisions are available in abundance at the touch of a button and it is easy to cut and copy the observations of various courts; consequently voluminous judgements are rendered in a ‘scientific’ manner and this may give rise to a thought as to whether writing of judgement is an art or science<\/u>. Some quotes of renowned persons may assist us to appreciate the difference between the two expressions i.e., Art and Science. <\/p>\n

“The object of science is knowledge; the object of art is work. In an art, truth is the means to an end; in science, it is the only end” – William Whewell<\/p>\n

“Science is continually correcting what it has said. Fertile corrections; science is a ladder. Art is a winged flight. An artistic masterpiece exists for all time” – Victor Hugo<\/p>\n

Though computers have brought out a change in the method of rendering judgements, since the ultimate conclusions reached by a judge has to depend upon various flexible parameters, Judgement writing has to be considered as an art.<\/p>\n

Virtues of a Good Judge<\/strong><\/p>\n

In fact to write a good judgement, you should possess the quality of a good judge. They are known as four ‘Ps’:<\/p>\n

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  1. Punctuality<\/li>\n
  2. Probity<\/li>\n
  3. Promptness<\/li>\n
  4. Patience<\/li>\n<\/ol>\n

    Socrates also referred to four qualities:<\/p>\n