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Judgment - Meaning, Definition and Essentials of Judgment

1) A judgment is the statement given by a judge that outlines the grounds and reasoning for a court's decree or order. It must contain: - A concise statement of the case - The points of determination - A decision on each point - Reasons for each decision 2) A judgment is generally pronounced orally in open court. It can be amended to correct clerical or arithmetic errors. 3) For a judgment to be valid, it must meet certain requirements like being in writing, dated, and signed by the judge. It must provide separate decisions for each issue and cite the relevant evidence considered.

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0% found this document useful (0 votes)
197 views3 pages

Judgment - Meaning, Definition and Essentials of Judgment

1) A judgment is the statement given by a judge that outlines the grounds and reasoning for a court's decree or order. It must contain: - A concise statement of the case - The points of determination - A decision on each point - Reasons for each decision 2) A judgment is generally pronounced orally in open court. It can be amended to correct clerical or arithmetic errors. 3) For a judgment to be valid, it must meet certain requirements like being in writing, dated, and signed by the judge. It must provide separate decisions for each issue and cite the relevant evidence considered.

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Mukesh Sharma
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5/30/23, 6:31 PM Judgment: Meaning, Definition and Essentials of Judgment - SRD Law Notes

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Judgment: Meaning, Definition and Essentials of Judgment Comparative Law

Constitutional Law
1) Meaning and Definition of Judgment -
Cyber Law

According to Section 2(8) of the Code of Civil Procedure, "Judge" means the presiding officer of a Civil Court, Family Law
Whereas Section 2(9) defines Judgment, - "judgment" means the statement given by the judge of the grounds of a
decree or order. "foreign judgment" means the judgment of a foreign Court. Hindu Family Law

Hindu Law
2) Pronouncement of judgment -
Human Rights
The Court shall pronounce the judgment in open court after the case has been heard. The judgment may be
Insurance Law
pronounced immediately after the hearing is covered or on such future date. The judgment the Court shall determine
the points of consideration and the court shall record its findings in all those points. International Law

Jurisprudence
3) Essentials of judgment - every judgment should contain -
Labour Law
(a) a concise statement of the case
Law of Arbitration and Conciliation

(b) the points for determination Law of Conflict

(c) the decision thereon, and Law of Contracts

Law of Crime
(d) the reasons for such decision
Law of Evidence
Balram Taneja Vs Sunil Madan AIR 1999 SC 3381, in this case, the Supreme court held that a cannot merely say
Law of Tort
'suit decreed' or 'suit dismissed'. The whole process of reasoning has to be set out for deciding the case one way or the
other. The judgment need not, however, be a decision on all the issues in a case. Thus, an order deciding a preliminary Legal History
issue in a case, for example - constitutional validity of a statute, is a judgment.
Muslim Law

Professional Ethics

4) Alteration of judgment - Property Law

Public Interest Litigation


Generally, once the judgment is pronounced, but there are certain exceptions which are as follows -
Transfer of property
(1) mistake Apparent on the face of it

(2) in case of review

(3) clerical or arithmetical mistakes

5) Amendment of judgments, decrees or orders -

According to Section 152 of the Code of Civil Procedure, Clerical or arithmetical mistakes in judgments, decrees or
orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of

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5/30/23, 6:31 PM Judgment: Meaning, Definition and Essentials of Judgment - SRD Law Notes
its own motion or on the application of any of the parties.

6) Requisites of a judgment -

(a) the time of the pronouncement of a judgment, it shall be dated and signed by the judge in the open court.

(b) the judgment of small causes Court may contain only the points for determination and the decision on such points.

(c) In the case of the judgment of other Courts, the judgment shall contain the concise statement of the case, the
points for determination and the decision on search points and the reason for such Decision.

(d) Decision on which issue must be given separately NGO


(e) the material evidence on each issue must be set out in each judgment. Registration
(f) the reasons must be recorded for answering all such issued.

If the judgment does not contain all above-mentioned elements such judgments are invalid.
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1. Restitution (Section 144 of civil procedure code)
Fastest Delivery
2. Adverse possession (Section 27 of Limitation Act)

3. Cause of Action (Civil Procedure Code 1980)

4. Summary Suits : Provisions regarding Summary Suit (Order 37 of the Civil Procedure Code)

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