Legal Language
Legal Language
A. LAW REPORTS
Although legislation still remains the main source of law in most
What is meant by a law countries of the world, precedents or judge-made law is now
report?
M. U. Apr. 2011 emerging as an equally inmportant, if not more important, source of
law. The principle that judges do not make the law but only
Apr. 2016
it is now largely a myth, all the more so in fields declare
at its minimum, for instance, the law of torts
where legislation is
or the law governing
Hindu undivided families.
As per the doctrine of stare decisis, the law
Courts is binding on the lower courts. UnderlaidArt.
down by higher
141 of the
Constitution of India, the law declared by the
binding on all courts within the territory of India. IfSupreme
this be
Court is
so,
interesting questions arise. How are courts informed aboutsome
numerous judgments of the higher courts? Likewise. how the
Courts in India made aware of all the are all
Court? The answer is simple: Law pronouncements the Supreme of
Define Law Report. Alaw report is a
Reports.
M.U. Nov 2011 compilation
published at regular intervals. of judgments of higher
courts
May 2012 AIl decisions of a
Nov. 2013 not mechanically reported. Only particular court are
those that involve an important
Apr. 2014 interpretation of the law or lay down an important or
Nov. 2014
May 2017
of law, find place in the law
reports. new principle
Broadly speaking, law reports are of two
and private law reports. Official law types: official law reports
of the Government. Thus, the reports are the official publications
official report, published under Supreme
the Court Reports (SCR) is an
authority of the
Supreme Court
REPORTS, MAGAZINES & REFERENCES TO CASE LAN 111
Legal-9
122 LEGAL LANGUAGE
the judgrnont
Dagos - to indicate whether the
etill holds goodrespective
as curront law.
The credibility and utilily of this law reporter becorne evident
when one sees that it is extonsively referred to, not only by English
lawyers and Judges, but also by their Indian counterparts. Most
references to English cases, whether in books on Indian law or in
decisions of Indian courts, prefer to cite English cases with reference
to this law reporter.
The All England Reports are generally considered to be a rival
alternative to the official publication entitled 'Law Reports' (below).
They are considered to be only second in authority to the official law
reports. Interestingly. in British and Australian courts, lawyers are
allowed to cite acase from Al England Reports only if no official report
of the case is available.
Mode of citation: [2010] 2 All E R 22
(Year) (Vol) (Name) (Page)
19. The Law Reports
publication in 1865, are the most
The Law Reports, which began K. and are published by ICLR
authoritative reports of cases in the U.
This reporter contains the
(Incorporated Council of Law Reporting).
from:
most important judgments
the Privy Council
the House of Lords and
Court of Appeal (Civil and Criminal Divisions)
the
the Chancery Division
the Family Division
Division
the Queen's Bench
Appeal Tribunal, and
- the Employment
European Courts of Justice.
- the
Reports (discussed below) are also published
The Weekly Law which appear in Volumes 1 and 2 of the
Judgments Reports after they have
by the ICLR. published in the Law the
Weekly Law Reports are
Judges, which, needless to state, ensures
been checked by the accuracy. This reporter has
degree of legal cases),
highest possiblecatchwords (which are used to index theas in the
well
comprehensive
of cases cited in arguments as
headnotes and lists
judgments. a separate set of books familiarly
are indexed in covers a period of ten years,
The Law Reports
Aed Books Each volume
the
known as with-1951.
beginning
124 LEGAL LANGUAGE
number of the law report, if any, and the page the case, cited,
the
the volume
case is reported. number which the
on
REPORTS,
the take MA
To an example of
ES &REFERENCES TO CASE LAW 131
Examples of citations
2 SCC 304
1. Ramdas v/s Chinnappa (1958)
decided bythe Supreme Court iswhere
This is the citation of a case and Chinnappa
the
Ramdas is the Petitioner / Appellant
Second Volume of Supreme
Respondent. The case is reported in the
Court Cases in 1958 on page 304.
1997 Cal 312
2. Laxman versus Meena AlR
where Laxman is the Plaintiff /
This is the citation of a case Respondent. The
Defendant /
Petitioner / Appellant and Meena is the
in the year 1997 on page
case is reported in the All India Reporter
Calcutta High Court.
312. This case was decided by the
3. Allen v/s Hume (1957) 3 SCC 304
Court where
This is the citation of acase decided by the Supreme
Respondent. The
Allen is the Petitioner / Appellant and Hume is the
Volume of 1957
case is reported in Supreme Court Cases in the Third
on page 304.
4. Ranjit v. Mohan AIR 1997 Cal 310
This is the citation of a case where Ranjit is the Plaintiff /
Petitioner / Appellant, and Mohan is the Defendant / Respondent. This
case is reported in the All India Reporter in 1997 on page 310. This
is a judgment of the Calcutta High Court.
5. Laxman v/s Radhika AIR 1995 Orissa 420
This is the citation of a case where Laxman is the Plaintiff /
Petitioner / Appellant and Radhika is the Defendant /Respondent. This
case is reported in the AllIndia Reporter of 1995, on page 420. This
case was decided by the Orissa High Court.
6. A. K. Gopalan v/s State of Madras AIR 1950 SC 27
This is the citation of a case where A. K. Gopalan is the Petitioner /
Appellant and the State of Madras is the Respondent. This case is
reported in the All India Reporter in the year 1950 on page 27, and
was decided by the Supreme Court.
7. Reena Mitra v/s Ashesh Mitra 95 (WN) 185
This is the citation of acase where Reena Mitra is the Plaintiff /
Petitioner/ Appellant and Ashesh Mitra is the Defendant / Respondent.
This case is reported in Volume 95 of Weekly Notes on page 185.
8. Ramesh vs. Sanjeev AIR (1997) Cal 452
This is the citation of a case where Ramesh is
Petitioner / Appellant and Sanjeevis the Defendant / the Plaintiff /
Respondent..This
REPORTS, MAGAZINES& REFERENCES TO CASE LAW
case is
133
and was reported in 1997 issue of the All India Reporter on page 452
decided by the Calcutta High Court.
9.
Lakshman
This is the
vs. Manu (2001) 2 SCC 420
Appellant citation of a
and Manu is the case where Lakshman is the Petitioner /
Respondent. This case is reported in the
Supreme Court Cases in Second Volume
is a judgment of the of 2001 on page 420 and
10. S.T.0.
Supreme Court.
v/s Shiv Ratan AIR 1966 SC
142
This is the citation of a case where
S.T.O is the Petitioner /
Appellant and Shiv Ratan is the Respondent. This case is reported
in the AIl India Reporter in the year
1966 on page 142 and has been
decided by the Supreme Court.
11. Nagarjun v/s State 1985 Cr. L. J. 2071
This is the citation of a case where Nagarjun is the Appellant and
the State is the Respondent. This case is reported in Criminal Law
Journal in the year 1985 on page 2071. (It is not possible to ascertain
which court has passed this judgment.)
12. Shiv Prakash Narayan v/s S.K. Tiwari AlR 1956 Cal 273
This is the citation of a case where Shiv Prakash Narayan is the
Plaintiff / Petitioner / Appellant and S.K. Tiwari is the Defendant /
Respondent. This cases is reported in All lndia Reporter in 1956 on
page 273 and is decided by the Calcutta High Court.
13. Laxminarayan lyer vs. State of Maharashtra (1995) 3 SCC 583
This is the citation of a case decided by the Supreme Court where
Laxminarayan lyer is the Petitioner / Appellant and the State of
Maharashtra is the Respondent. This case is reported in the Supreme
Court Cases in the third volume of the year 1995 on page 583.
14. Cheema Services Pvt. Versus Rajan Singh (1997) 88 Comp.
Cas 400
This is the citation of a case where Cheema Services Pvt. is the
Plaintiff Petitioner / Appellant and Rajan Singh is the Defendant /
Respondent. This case is reported in Volume 88 of Company Cases
400.
n the year 1997, on page
15. Laxman Baburao Jadhav V. State of Maharashtra & othere
L.R. 220
(1997) 99 Bom.
citation of a case where Laxman Baburao Jadhay is
This is the / Appellant and State of Maharashtra and
the Plaintiff / Petitioner
Defendants | Respondents. This case is
others are the Bombay Law
reported in
99 of the
Reporter of 1997 on page 220.
Volume