Judgment Writing and Court Practice
Judgment Writing and Court Practice tests whether a candidate can convert a record into a reasoned decision and manage the courtroom. The exam expects a clear structure, point-wise findings and a lawful sentence or decree.
Structure of a judgment
- Heading, cause title, date, names of counsel, then the facts, the issues or points for determination, the evidence, the findings and the operative order.
- Order 20 Rule 1 CPC requires judgment after the hearing; Rule 4 requires the decree to follow the judgment; Rule 5 prescribes the contents.
- Criminal judgments follow section 392 BNSS; the sentencing hearing under section 248 BNSS precedes the order, and section 395 BNSS governs compensation.
Court practice
- Criminal charges are framed under section 234 BNSS; evidence is recorded in the prescribed form; section 341 BNSS provides legal aid.
- Maintain order, record objections and rulings, and ensure that the victim is heard on compensation.
Worked example
In a suit for possession and mesne profits, the issues are title, possession and quantum. Reasoning: the court first decides title on the documentary evidence, then possession from the commissioner's report and the plaintiff's testimony, and only then awards mesne profits from the date of dispossession. Findings must be recorded issue-wise; if title fails, the suit is dismissed without examining quantum, because the later issue is consequential.
Traps
- Writing reasons that do not correspond to the framed issues.
- Ignoring the sentencing hearing and the victim's right to be heard.
- Delaying pronouncement beyond the period fixed by Order 20 Rule 1 without recording reasons.
- Using evidence not produced on record.