When a party to the suit dies after the last hearing but before delivery of Judgement, the Court may order the Judgment to bear the date of the last hearing. A memorandum of appeal in a case in which judgement has been delivered orally, shall be received and filed without a copy of the judgment. 9.
Q. How long can a judge reserved judgment?
iv) Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment.
Table of Contents
Q. How do I write a High Court Judgement?
A good judgment should have:
- Index.
- Introduction.
- Facts.
- Clear articulation of the issues that arise for consideration/points of determination.
- Evidence led to prove each factual issue and appreciation of evidence on each issue.
- Applicable law and the application of law to the facts of the case.
- Reasoning and findings.
Q. How do I give a Judgement?
Here’s what to keep in mind:
- Conduct decisions with an air of wonder.
- Ask others for their opinions on what they would do if they were you.
- Determine if this is a decision that you have to make.
- Understand the time constraints of the decision and proactively decide whether to make a decision or not.
Q. How do you write a brief Judgement?
Each issue should ideally be no longer than a sentence. Here you list out all the contentions raised by both the parties to prove their case. Corresponding contentions of opposing parties should be clubbed together. The decision or holding should be framed in the order of issues or contentions in separate paragraphs.
Q. How do you apply law to facts?
To apply the statute, you must connect the facts of your hypo to the elements of the rule. Do not take anything for granted; even if something seems obvious, you need to use the facts to prove it.
Q. What happens when a judge does not follow precedent?
If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if the lower court feels that the precedent is unjust; the lower court may only express the hope that a higher court or the legislature will reform the rule in question.
Q. Which part of a Judgement is binding?
It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of stare decisis.
