CONTOURS OF A JUDGMENT

CONTOURS OF A JUDGMENT CONTOURS OF A JUDGMENT By Syed Nasir Ali Shah, District and Sessions Judge/Special Judge Customs, Lahore A judgment is a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision. It signifies the culmination of judicial proceedings before a Court of competent jurisdiction. A judicial officer is known by the quality and standard of his judgment. A judgment is a barometer to gauge the integrity, competence, legal acumen, command over language and comprehension of judicial officer. Judgment has been defined in S.2(2)(9), C.P.C. to mean the statement given by the Judge of grounds of decree or order. According to the scheme of S.33, C.P.C. hearing of parties or their counsel is sine qua non before pronouncement of judgment. Order XX, C.P.C. deals with judgment. According to it on completion of evidence a date for final arguments shall be fixed which shall not exceed fifteen days. And the period between arguments and judgment shall not be more than thirty days. In civil matter Court is required to give finding on each issue. Judgment has to be pronounced and signed in open Court. It cannot be altered or modified except under section 152, to rectify clerical errors or on review. Appellate judgments are to be delivered in almost similar manners except that finding on each issue is not required to be recorded. Every judgment in civil matters shall specify as to who will bear the costs. Normally costs follow the events. But in peculiar circumstances of case this rule can be dispensed with. Similarly where claim or defence of a party is false and vexatious special costs under section 35-A, C.P.C. can be awarded the maximum limit of which is Rs.25,000. Provisions of section 366, Cr.P.C. and Rule 2, Volume I, Chapter 11-A of the High Court Rules and Order which too deal with judgment are almost para materia with these Provisions. 2. Special care should be taken in delivering judgments in certain category of cases. In suits for specific performance of contract a direction has to be given to the plaintiff to deposit sale consideration by appointed date failing which suit shall stand dismissed with costs. Similar direction with identical consequences has to be given in suits for possession through pre-exemption. In certain cases in the first instance suits cannot be finally decided. In suits of partition, administration suit, rendition of accounts, dissolution of partnership etc. preliminary decrees are ordered to be passed in the judgments. In suit of dissolution of marriage a copy of judgment has to be sent to Chairman Arbitration Council for commencing conciliation proceedings. In rent matters direction is to be given to the tenant to vacate the rented premises within a specified period which cannot exceed four months. 3. What needs to be kept in mind while writing judgment is that in civil cases parties to the litigation are required to prove their respective claims. So rule of preponderance of evidence would apply. But in criminal matters prosecution is required to prove its case beyond reasonable shadows of doubt. Accused being favourite child of law is entitled to benefit of doubt. Accused can adopt any plea. Accused can even adopt inconsistent pleas. But where an accused maintains that his case falls within exceptions as contained in Chapter IV of P.P.C. then it is for the accused to prove that. 4. In criminal matters if accused is charged with more than one head then each head of the charge be separately adverted to in the judgment and, finding returned. It is important to note that under section 382-A, Cr.P.C. if the sentence awarded is punishment for a period less than one year the sentence shall not be executed until the expiry of period prescribed for making an appeal provided accused furnishes bail bonds to the satisfaction of the Court. While convicting an accused the period of detention already undergone is ordered to be substracted under section 382-B, Cr.P.C. It is also pertinent to note that under section 35, Cr.P.C. where an accused is convicted of two or more offences the judgment will specify whether the sentences will run concurrently. Under section 366, Cr.P.C. presence of accused at the time of pronouncement of judgment is necessary unless the accused is to be acquitted or the sentence is one of fine only. Where an accused is convicted a copy of judgment has to be provided to him under section 371, .Cr.P.C. 5. Where an accused is convicted and sentenced to death proceedings are required to be submitted to the High Court for confirmation of death sentence under section 374, Cr.P.C. Compensation under section 544-A, Cr.P.C. is also required to be awarded and incorporated in the judgment. For such compensation sky is the limit but the compensation should not be excessive or unreasonable. Another point needs to be kept in mind while writing judgment is that under section 367(5), Cr.P.C. where an offence is punishable with death and the Court awards punishment other than death then the Court has to state reasons as to why sentence of death was not passed. 6. Almost all offences are punishable with fine as well. There is no limit to the fine to be imposed but it should not be excessive. It is mandatory for a Court to specify in the judgment the imprisonment which the accused will undergo in default of payment of fine. According to section 65, Cr.P.C. such imprisonment will not exceed one fourth of the imprisonment which is the maximum fixed for the offence. Such imprisonment may be rigorous or simple. But where sentence awarded is merely fine the imprisonment which the accused will undergo in default of payment of fine will be simple. 7. In the concluding paragraph of a judgment direction has to be given regarding the disposal of case property by way of destruction, confiscation or delivery to any person claiming to be entitled to possession, as mandated under section 517, Cr.P.C. 8. During arguments case-law is invariably cited, referred to and relied upon. The judgments of superior Courts are binding on the lower Courts. These are of immense significance and guidance. These judgments should be referred to, relied upon and where necessary distinguished in the judgment. It is pertinent to mention that ratio decidendi of the judgment of High Court is binding on the lower Courts. Ratio decidendi is authoritative element and observation which is foundation of a decision. However, obiter dicta that is general observation of the Supreme Court is also binding on the lower Courts. It may be kept in mind that there are two kinds of judgments. These are judgment in personam and judgment in rem. A judgment in personam is a judgment against a particular person while a judgment in rem binds the whole world. These denote the end products of action in rein and in personam. And while deciding cases principle of stare decisis, the Courts should stand by precedents and should not disturb them rather should be adhered to. ***