Guidelines to judges for writing judgments and orders

[bpagrawal]

Guidelines to judges for writing judgments and orders
We, therefore, before proceeding
to decide the matter on merits, once
again would like to reiterate few
guidelines for the courts, while

writing orders and judgments to follow
the same. These guidelines are only
illustrative in nature, not exhaustive
and can further be elaborated looking
to the need and requirement of a given
case:
(a) It should always be kept
in mind that nothing should be
written in the judgment/order,
which may not be germane to the
facts of the case; it should have
a co-relation with the applicable
law and facts. The ratio decidendi
should be clearly spelt out from
the judgment/order.
(b) After preparing the
draft, it is necessary to go
through the same to find out, if
anything, essential to be
mentioned, has escaped discussion.
(c) The ultimate finished
judgment/order should have
sustained chronology, regard being
had to the concept that it has
readable, continued interest and
one does not feel like parting or
leaving it in the midway. To
elaborate, it should have flow and
perfect sequence of events, which
would continue to generate
interest in the reader.
(d) Appropriate care should
be taken not to load it with all
legal knowledge on the subject as

citation of too many judgments
creates more confusion rather than
clarity. The foremost requirement
is that leading judgments should
be mentioned and the evolution
that has taken place ever since
the same were pronounced and
thereafter, latest judgment, in
which all previous judgments have
been considered, should be
mentioned. While writing a
judgment, psychology of the reader
has also to be borne in mind, for
the perception on that score is
imperative.
(e) Language should not be
rhetoric and should not reflect a
contrived effort on the part of
the author.
(f) After arguments are
concluded, an endeavour should be
made to pronounce the judgment at
the earliest and in any case not
beyond a period of three months.
Keeping it pending for a long time
sends a wrong signal to the
litigants and the society.
(g) It should be avoided to
give instances, which are likely
to cause public agitation or to a
particular society. Nothing should
be reflected in the same which may
hurt the feelings or emotions of
any individual or society.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT NAGPUR.
Second Appeal No. 340 of 1999

M/s. Hindustan Petroleum Corporation
Ltd.,
Versus
Sau. Nivedita wife of
Pritamsingh Jain,

CORAM : A.B.CHAUDHARI, J.
Date : 20th March, 2014.
Citation; 2014(4) MHLJ 874 Bom
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http://www.lawweb.in/2014/09/guidelines-to-judges-for-writing.html