Tamil nadu

Judicial Services Exam

CIVIL JUDGE
(Junior Division)

Tamil Nadu Public Service Commission

Judgement
Volume - 1
 Tamil nadu judicial services
CONTENTS
1. Judgement Writing 1
Recent Judgment
2. Indian Contract (Case Study) 7

3. Negotiable Instrument Act, 1881 7

4. Specific Relief Act, 1963 8

5. Transfer of Property 1882 9

6. Indian Penal Code, 1860 11

 Mahesh Kumar Versus State of Haryana 14
 Pramod Suryabhan Pawar Versus the State of Maharashtra & Anr. 20
 Gargi Versus State of Haryana 24
 Kalu Alias Laxmi Narayan Versus State of MP 34
 Awadhesh Kumar Versus State of U.P. and Another 37
 State of Madhya Pradesh Versus Killu and others 39
 Chaitu Lal Versus State of Uttrakhand 42
 Jai Prakash Versus State of Uttar Pradesh 46
 Suraj Jagannath Jadhav Versus the State of Maharashtra 50
 Harinder Singh Alias Hira Versus State of Punjab 53
7. Limitation 56

8. Indian Evidence Act, 1872 57

 Chandra @ Chandrasekaran Versus State rep. By Deputy 62
Superintendent of Police CB CID and Anr.
 Anand Ramachandra Chougule Versus Sidarai Laxman Chougala and 73
other with State of Karnataka Versus Sidarai Laxman Chougala
and others
 Jagdish and another versus the state of Haryana 77
 R. Jayapal Versus the State of Tamil Nadu 81
 Sudru Versus the State of Chhattisgarh 2019 SC 89
 Chennadi Jalapathi Reddy Versus Baddam Pratapa Reddy (Dead) 93
 Umesh Tukaram Padwal & Anr. Versus The State of Maharashtra 98
  Jagbir Singh Versus State (N.C.T. of Delhi) 104
 Raja Ram Versus Japprakash Singh and others 110
 Ali Hussain (d) Through lrs Versus Rabiya & Ors. 116
 Govindbhai Chhotabhai Patel & Ors. (aooellant) Versus Patel 120
Ramanbhai Mathurbhai (respondent)
 Miss XYZ Versus State of Gujarat & Anr. 125
 Javed Abdul Rajjaq Shaikh Versus State of Maharashtra 129
 Ramji Singh & Ors. Versus The State of Uttrar Pradesh 132
9. Code of Civil Procedure 136
 Sneh Lata Goel Versus Pushpalta and Ors. (2019 SC) 143
 Maruti Bhawani Mata Mandir Rep. Theough Pujari Ganesh Lal
149
(Dad) Through Lrs. Kailash Versus Ramesh and Ors.
 Sreedavi and Ors. Versus Sarojam and Ors. 151
 Tek Singh Versus Shashi Verma and Anr. (2019 SC) 152
 Asgar and Ors. Versus Mohan Varma and Ors. 155
 Shivnarayan (D) By Lrs. Versus Maniklal (D) Thr Lrs. Ors. 167
 Deepak Tondon and Anr. Versus Rajesh Kumar Gupta 175
 M. Revanna Versus Anjanamma (Dead) By Lrs. And Ors. 179
 Competent Authority Calcutta, Under the land (Ceiling and
180
Regulataion Act, 1976 Anr.) Versus David Mantosh and ors.
 Varun Pahwa Versus Mrs. Renu Chaudhary 187
 R. Dhanasundari @ Rajeshwari Versus A.N. Umakanth and others. 189
 Madhav Prasad Aggarwal & Anr. Versus Axis Bank Lid. & Anr 191
 Bhagyan Das Versus State of Uttarakhand 195
 Gurnam Singh (Dead) By Lrs. nd Ors. Versus Lehna Singh (Dead)
196
By Lrs.
 Raghwendra Saharan Singh Versus Ram Prasanna Singh 198
 Hammad Ahmed VERSUS Abdul Majeed and Ors. 199
 Om Prakash Ram Versus the State of Bihar & Ors. Etc. 202
 Bhivchandra Shankar More Versus Balu Gangaram More and Ors. 206
 Pramod Kumar & Anr. Vs. Zalak Singh & Ors. 213
 Doddamuniyappa/Dead Through Ers Versus Muniswamy Ors 223
 Sir Sobha Singh and Sons Put. Ltd. VERSUS Shashi Mohan Kapur 229
(Deceased) Thri. R.
 Sudin Dilip Talaulikar Versus Polycap Wires Pvt. Ltd. And Others 239
 Shri Badru (Since Deceased) Through L.R. Hari Ram Etc. VERSUS
NTPC Limited (Formerly National Thermal Power Corporation 245
Limited Ors.
A judge, by his conduct, by his fairness in hearing and by his
just and equitable decisions, should earn for himself and the judiciary, the
trust and respect of the public and the members of the bar.

A Judgment may be defined as a reasoned pronouncement by a judge on

a disputed legal question which has been argued before him. It is a literary
composition, but a composition subject to certain conventions. It possesses
its own characteristics and its own standards of merit. The art of composing
judgments is not taught; it is acquired by practice and by study of the models
provided in the innumerable volumes of the law reports in which are recorded
the achievements of past masters of the art.

1. Judgment. Black’s Law Dictionary, 9th Ed. West Publishing Company. 2009
A court‘s final determination of the rights and obligations of the parties
in a case. The term judgment includes an equitable decree and any order
from which an appeal lies.
2. English law. An opinion delivered by a member of the appellate committee
of the House of Lords; a Law Lord‘s judicial opinion.
* An action is instituted for the enforcement of a right or the redress
of an injury. Hence a judgment, as the culmination of the action
declares the existence of the right, recognizes the commission of the
injury, or negatives the allegation of one or the other. But as no right
can exist without a correlative duty, nor any invasion of it without a
corresponding obligation to make amends, the judgment necessarily
affirms, or else denies, that such a duty or such a liability rests upon
the person against whom the aid of law is invoked.
* The pre-requisite for a ‘good’ Judgment/Order is a good hearing. The
process of reasoning by which the court comes to the ultimate
conclusion and decrees the suit should be reflected clearly in the
judgment. Judgment is the most important document for the parties
as well as the Judge and more important for the Judge are the reasons
in support of his/her judgment. Clear thinking is the key to clear
 writing. A clearly expressed judgment demonstrates the interest of
the subject and the exposition of legal reasoning. Reasons given by a
judge in a judgment indicate the working of his/ her mind, approach
his/ her grasp of the question of fact and law involved in the case and
the depth of his knowledge of law. In short, a judgment reflects the
personality of the judge and, therefore, it is necessary that it should
be written with care and after mature reflection.

1. In civil matters, the judgments as the requirement of law goes, may be

broadly classified into two categories, namely, long and short judgments.
In original suits, the final decision of a case requires writing of a long and
reasoned judgment. These includes suits for permanent or prohibitory
injunction; possession and mesne profit; specific performance of contract;
cancellation of documents; partition and possession; dissolution of firm
and accounting; redemption or foreclosure of mortgage etc. As compared
to it a Judge is required to write short judgments, in the matter of
interlocutory orders; summary suits; preliminary issues; review;
restoration; accepting compromise etc.
2. The Code of Civil Procedure, 1908 (the Code) “Judgment” in Section 2(9)
as the statement given by the Judge, on the grounds of a decree or order.
The “order” under Section 2(14) is defined as formal expression of any
decision of a Civil Court, which is not a decree. The “decree” in section
2(2) means formal expression of an adjudication, which, so far as regards
the Court expressing it, conclusively determination the rights of the
parties with regard to all or any of the matters in controversy in the suit
and may be either preliminary or final. The rejection of a plaint and
determination of any question under Section 144 is also a decree.
3. Order XX of the Code, deals with “Judgment and Decree”, Rule 4 (1)
provides that judgment of Court of Small Causes need not contain more
than the points for determination and the decision thereon. Sub-Rule (2),
provides for a judgment of other Courts to contain a concise statement
of the case, the points for determination, the decision thereon, and the
reasons for such decisions. Rule 5 mandates that in suits in which issues
have been framed, the Court shall state its finding or decision, with the
 reasons there of, upon each separate issue, unless the finding upon any
one or more of the issues is sufficient for the decision of the suit.
4. In criminal matters, Chapter XXVII of the Code of Criminal Procedure,
1973 provides for ‘the Judgment’. Section 353 requires the judgment in
every trial to be pronounced in open Court immediately after the
termination of the trial, or at some subsequent time of which notice shall
be given to the parties or their pleaders. The judgment as provided in
Section 354, is to be written in the language of the Court, and shall contain
the point or points for determination, the decision thereon and the
reasons for the decision. The section further provides that the judgment
shall specify the offence (if any) of which, and the section of IPC, or
other law under it, accused is convicted and punishment to which he is
sentenced. If the judgment is of acquittal it shall state the offence of
which the accused is acquitted and direct that he be set at liberty. In
case of conviction for an offence punishable with death or in the
alternative with imprisonment for life, the judgment has to state the
reasons for sentence awarded and special reasons for death sentence. In
case of conviction with imprisonment for a term of one year or more, a
shorter term of less than three months, also requires the Court to record
reasons for awarding such sentence unless the sentence is one of
imprisonment, till the rising of the Court or unless the case was tried
summarily under the provisions of the Code.
5. For orders under Section 117 (for keeping peace and for good behaviour),
Section 138(2) (confirming order for removal of nuisance), Section 125
(for maintenance) and Section 145 or 147 (disputes as to immovable
properties), the Code provides in sub-section (6) that order shall contain
the point or points for determination, the decision thereon and the
reasons for the decision. Section 355 provides for a summary method of
writing judgment by Metropolitan Magistrate, giving only particulars
regarding the case, name, parentage and residence of the accused and
complainant, the offence complained of or proved; plea of the accused and
his examination (if any); the final order and the date of order, and where
appeal lies, a brief statement of the reasons for the decision. The order
to pay compensation where the Court imposes sentence or fine; order of
compensation for groundless arrest and the order to pay cost in non-
cognizable cases, may be made with the judgment under Sections 357,
358 and 359 of the Code. Section 360 provides for order to release on
 probation and special reasons in certain cases where the Court deals with
accused person under Section 360 or Probation of Offenders Act, 1958.
6. The Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973
have provided sufficient guidelines for writing judgment. These, however,
are not exhaustive. There is a wide discretion left with the Judges to
choose their style of writing, language, manner of statement of facts,
discussion of evidence and reasons for the decision.

Civil judgment and criminal judgment are different in their structure and
format. So, make a thorough reading of the facts and understand what kind
of case it is. Start the judgment with the name of the court and then the
name of the presiding officer followed by the cause title of the case. Start
the body of the judgment with the facts of the case in your point of view. In
case of civil cases write down the issues framed, both issue in law and issue in
fact. Take out each issue and critically analyze it with the arguments advanced
from both the side. If it is a criminal case, frame the charges and discuss
each charge based on the pleadings given. Compare and elucidate all materials
said to be placed before the court and apply the relevant provision of law. The
most important part of the judgment is the ratio decidendi where you have to
make a decision about the case and give reasons for that decision. This is
where the candidate’s articulation skills are assessed in the judgment written.
One can either adopt a chronological approach or a thematic approach to reach
a conclusion. Either way, a logical sequencing of the trial is necessary as far
as a good judgment is concerned. Here is an outline of how a judgment should
proceed:

* Preliminary issues
* Summary of the prosecution/plaintiff’s case
* Summary of the defendant’s case
* Issues to be determined
 * Argument of prosecution or plaintiff on the first issue or charge
* Argument from the side of the defendant
* Evidence from either side
* Judges evaluation of the evidence and the arguments

* Statement of law
* Case law in support
* Application of law to the facts

* Finding of the guilt

* Decision made
* Reasons for the decision
* The sentence or the order passed

Writing as much as possible in plain English language is the best way to nail a
judgment writing task. At the same time avoid repetitions and long sentences
which could cause difficulty in understanding the point. A good judgment
explains the losing party why they lost, so each and every nuance of the case
could be explained in the simplest manner. Including footnotes can help you to
avoid dragging the judgment into a lengthy one. Even though the substance is
more important than the style, following a single style of writing will make the
judgment look neat and tidy

A judge renders justice through his decisions. The decision-making

culminating in the judgment is the heart and soul of the judicial process.
Good judgments enhance the prestige of the Judge and eventually the
prestige of the judiciary. Bad judgments, obviously, have the opposite effect.
Therefore, there is a need for the judges to make a constant and continuous
effort to render good judgments. Decision making is not about writing a
judgment. Nor does it begin when a judge starts hearing final arguments. It
pervades every stage of the case-in making interim orders, in framing issues
or charges, in allowing or disallowing questions in oral evidence, in admitting or
rejecting documents, in hearing arguments, in analyzing the material and
reaching a decision, and even in granting or refusing adjournments. In short,
it is the way judge hears, behaves, conducts and decides a case.

In the midst of swelling litigation, backlog and insufficient research facilities,

writing a good quality judgment is an ongoing challenge. Art of writing a
judgment depends on the knowledge, proficiency, and aptitude of the judge.
Judicial officers, seldom have the occasion to reflect on their approaches to
writing judgments. Their experience prior to appointment often does not train
them how to write judgments. As a rule, many blindly pursue the usual
method followed by their forerunners, their assumptions about what must go
in a judgment. Judges spend most of their time reading judgments written by
others.

It is worthwhile to keep the following basic rules in mind while writing a

judgment:
* Reasoning should be intelligible and logical.
* Clarity and precision should be the goal.
* Use of strange and difficult words and complex sentences should be
avoided.
* A judge cannot use his personal knowledge of facts in a judgment.
* The findings and directions should be precise and specific.
* While exercising appellate or revisional jurisdiction, unnecessary criticism
of the trial courts‟ conduct, judgment or reasoning should be avoided.
1. Mhada us. Shapoorji Pallonji Government Contracts and Tenders
& Co. (P) Ltd., (2018) 3 SCC
13
2. Sam Built Well (P) Ltd. Government Contracts and Tenders –
v. Deepak Builders, (2018) 2 Judicial Review / Validity - Opinion
SCC 176 of project owner / Experts on
satisfaction of eligibility criteria
Relevance of - Judicial restraint.
3. Mhada us. Shapoorji Pallonji Government Contracts and Tenders
& Co. (P) Ltd., (2018) 3 SCC arbitration or Foreign seated
13 arbitration Determination of :
4. Raveechee & Co. v. Union of Arbitration Act, 1940 SS. 29 and 13-
India. (2018) 7 SCC 664 Pendente lite interest.

1. Kishan rao vs. Shakargauda Supreme Court reiterated that mere

denial of a debt or liability cannot
shift the burden of proof from the
accused in a case of dishonour of the
cheque.
2. Priyanka Nagpal vs. State Negotiable Instruments Act, 1881 -
(NCT of Delhi), (2018) 3 S. 138 - Sentence and compensation:
SCC 249
3. P. Ramadas vs. State of Negotiable Instruments Act, 1881 -
Kerala, (2018 3 SCC 287 S4138:
4. P. Ramadas vs. State (NCT Negotiable Instruments Act, 1881 -
of Delhi), (2018) 3 SCC 249 S. 138 - Sentence and compensation:
5. P. Ramadas vs. State of Negotiable Instruments Act, 1881 -
Kerala, (2018) 3 SCC 287 S. 138:
1. Maharashtra State Electricity Contract and Specific Relief -
Distribution Co. Ltd. us. Datar Termination /Discharge of
Switchgear Ltd., (2018 3 SCC Contract - Termination/
133 Repudiation for Breach of
Contract:
2. Kalawati vs. Rakesh Kumar, Specific Relief Act, 1963 - S.
(2018) 3 SCO 658 16(e) -Specific performance of
contract.
3. Krishna Devi us. Keshri Contract and Specific Relief –
Nandan, (2018) 4 SCC 481 Formation Defects - Fraud and
misrepresentation - Matters
required to be established:
4. M.P. Power Management Co. Contract and Specific Relief -
Ltd. us. Renew Clean Energy (P) Performance of Contract Time of
Ltd., (2018) 6 SCC 157 Performance - Time of the
Essence - Termination/Discharge/
Compensation/Penalty for delayed
performance:
5. Y.P. Sudhanva Reddy v. Section 34, 35, 37 and 38
Karnataka Milk Federation,
(2018) 6 SEC 574
6. Urmila Devi D. Mandir Shree Specific Relief Act, 1963 - S. 21 -
Chamunda Devi, (2018) 2 SCC Compensation in lieu of specific
284 performance:
7. Manjeet "Singh vs. National Contract and Specific Relief -
Insurance Co. Ltd.; (2018) 2 Termination/ Discharge of
SCC 108 Contract Termination/ Repudiation
for Breach of Contract:
8. Eureka Builders Gulabchand, Transfer of Property Act, 1882 -
(2018) SCC 67 Ss. 8, 7 and 54 - Nemo dat quod
non habet:
1. A Dharmalingam VS. Transfer of Property Act,
Lalithambal, (2018) 6 SCC 1882 - Ss. 54, 7 and 8 Sale of
65 remainder men's interest during
lifetime of holders of life
estate:
2. Dharmalingam vs. Transfer of Property Act, 1882 - Ss.
Lalithambal, (2018) 6 SCC 54, 7 and 8 Sale of remainder men's
65 interest during lifetime of holders of
life estate:
3. A.P. Industrial NA
Infrastructure Corpn. Ltd.
vs. S.N. Raj Kumar, (2018) 6
SCC 410
4. Balwant Vithal Kadam v. Transfer of Property Act, 1882 - S.
Sunil Baburaoi Kadam, 54 - Agreement for sale/ agreement
(2018) 2 SCC 82 to sell of immovable property:
5. A. Dharmalingam vs. Transfer of Property Act, 1882 - Ss.
Lalithambal, (2018) 6 SCC 54, 7 and 8 Sale of remainder men's
65 interest during lifetime of holders of
life
1. Tanu ram bora [Section 43 of February
Versus Transfer of 8th 2019
Promod ch. Property Act,
Das (d) 1882 Transfer By
Through Erroneous
Lrs. And Representation of
Others Title Will
Hold Good If
Transferor Acquires
Title
Later.
2. Ganesan (d) Not always 11 July,
Through lrs Necessary that 2019
Versus attesting witnesses
Kalanjiam Should
And others Actually see
The testator
Sign the will
3. Sopan (dead) Sale with a July 16,
Through his Mere Condition 2019
L.r. of Re-transfer Is
Versus Not a Mortgage
Syed nabi
1. Mahesh kumar [Section 304 7 August, 2019
Versus B Indian Penal Code
State of 1860;
Haryana Section 113B
Of Indian Evidence
Act, 1872]
A case of death in
lieu of demand of
dowry can only be
made out when it is
proved that soon
before her death
the victim was
subjected
to cruelty
harassment.
2. Pramod When 'Consent Will August 21, 2019
Suryabhan Be Vitiated By
Pawar 'Misconception
Of Fact' Arising Out
Versus Of Promise To
Marry?
The State of
Maharashtra
&Anr.
3. Gargi [Section 302 r/w 19 September,
Section 120-B of 2019
Versus Indian Penal code,
1860 hereinafter
State of referred as ‘IPC’]
Haryana
[Section 106 of
Indian Evidence Act,
1872 hereinafter
referred as ‘IEA’]
4. Kalu alias Laxmi Section 302 IPC 7 November,
Narayan The interplay 2019
Of circumstantial
Versus evidence, last seen
theory and section
State of MP 114,101 read with
Section 106 of the,
Indian evidence act,
5. Awadhesh Matter will fall 8 November,
Kumar under section 302 2019
IPC OR 304 part 1
Versus (300 exception 4
IPC)
State of u.p and
Another