Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | explaination of Judgment/orders: Writing of judgments – Importance of – Broad guidelines |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judgment/orders: Writing of judgments – Importance of – Broad guidelines, explanation of – Held: Judgment writing is a critical instrument in fostering the rule of law and in curbing rule by the law – While judges may have their own style of judgment writing, they must ensure lucidity in writing across their styles – Purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language – Judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision – Judgments are primarily meant for those whose cases are decided by judges – Judgments of the High Courts and the Supreme Court also serve as precedents to guide future benches – Judgment is a manifestation of reason, which provide the basis of the view which the decision maker has espoused, of the balances which have been drawn – Reasons are crucial to the legitimacy of a judge’s work – They provide an insight into judicial analysis – Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law – In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the ‘Issue, Rule, Application and Conclusion’ are easily identifiable – Well-renowned ‘IRAC’ method generally followed for analyzing cases and structuring submissions can also benefit judgments when it is complemented by recording the facts and submissions – On facts, impugned judgment being incoherent and incomprehensible is set aside and remanded back – Incoherent judgments have a serious impact upon the dignity of our institutions. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 833 |
Petitioner | State Bank Of India And Another |
Respondent | Ajay Kumar Sood |
SCR | [2022] 17 S.C.R. 507 |
Judgement Date | 2022-08-16 |
Case Number | 5305 |
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