How to Read Judgements effectively (LITIGATION BASICS 3)

Judgments of the Apex Court and High Courts are the law of the land. Judgments give interpretation to the law enacted by legislation. Reading and understanding the law laid down in the Judgments is an essential exercise for lawyers in legal practice. Judgment reading is an art and it develops through practice. Regular exercise of Judgments Reading helps to enhance and strengthen the knowledge of the legal practice. The Law Students and Junior lawyers at the beginning find it difficult to read and comprehend the judgments.

(A) UNDERSTANDING THE QUESTION OF LAW AND QUESTION OF FACT

The Judgments of the Supreme Court and High Courts deal with the Question of Law or Question of Fact or both Question of Law and Facts. In deciding the question of law, it is the duty of the Court to ascertain the law and decide to case accordingly. In deciding a question of fact, it is the duty of the Court to weigh the evidence and then come to its conclusion. In some cases, the court has to decide both the question of law and fact.

(B) UNDERSTANDING THE SITTING OF BENCHES AND HIERARCHY –

The High Court decides the matters either through a single bench or a Division bench. On the other hand, the Supreme Court decides the matters either through a single bench, division bench, or Constitutional Bench. Generally, the constitution of benches and referring matters to benches are decided on the basis of the importance of the matter.

Single Bench – This bench constitutes single Judge.

Division bench – This bench constitutes of minimum two judges. As per Supreme Court Rules 2013, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice. Every cause, appeal or other proceedings arising out of a case in which death sentence has been confirmed or awarded by the High Court shall be heard by a Bench consisting of not less than three Judges.

Constitution bench– This bench constitutes of minimum five judges. Whenever a matter of law arises that requires a provision or provision of the Constitution to be interpreted, or there is a “significant legal question”, it is required to be decided by a Constitution Bench.

Effects of Judgments – The Judgment of a larger bench is binding upon smaller benches. Whenever any matter is referred to a larger bench, it can decide the matter and overrule judgments of a smaller bench but it cannot interfere with previous judgments of benches of similar strength.

(C) UNDERSTANDING THE RATIO, OBITER DICTA AND PRECDENTS

Ratio means the reason for the decision or judgment. Obiter is the term used for remarks made by the judge which are not binding on the parties to the case. A decision of the higher courts like the Supreme Court and the High Court generally sets a precedent for the Courts that are directly below them in terms of jurisdiction. Ratio sets an underlying principle in the judgment and forms a vital part in a judicial precedent. Judicial precedents form one of the most noteworthy sources of law and are followed by the court below the deciding court.

(D) UNDERSTANDING THE BASIC TERMS

Before starting a discussion on the strategy of reading judgments, need to understand some basic terms used in the Judgments.

• Allowed – Petition or Appeal allowed by court
• Dismissed – Petition or Appeal dismissed by court with or without considering merits of the case
• Withdrawn – Petitioner withdraws the case listed before bench
• Decision on merits – Court delivers judgments on the basis of merits of the case
• Refused to entertain – Court refused to entertain matter for the reason of non-maintainability
• Upheld – Court upheld decision of court against present appeal arises
• Set aside – Court set aside the judgment of court against present appeal arises
• Revised – Court revise the judgment of court against present appeal arises
• Overruled – Court overrules the judgment of smaller benches.

(E) PURPOSE OF READING THE JUDGMENTS

(1) Legal Research – Main purpose of reading judgments is researching relevant precedents in the field.

(2) Drafting and Arguments – The Legal Research skill is a supplement to the Drafting and Arguments Skill. Reading the judgments relevant to the case helps in drafting of petitions and preparing written arguments.

(3) Enhancing Legal Knowledge – Regular reading of the judgments helps to enhance and strengthen the legal practice.

(F) STRATEGY FOR READING THE JUDGMENTS

(1) Judgment should be read as whole – For better understanding of the law laid down in the judgment, read it entirely. Reading headnotes and summary is not the correct approach because sometimes headnotes can be incorrect and give a different meaning to the original interpretation. 

(2) Highlights the important part – While reading the judgments, highlights the following important points –

• Facts of the case
• Issues arises in the case
• Precedent cited by parties
• Arguments of petitioner/appellant
• Arguments of respondents
• Discussion on point in favour and against the matter
• Observation of the bench
• Final Conclusion

(3) Analyse the precedent and its impact – After reading the whole judgment analyse the precedent and its effect on the law.

(G) PRACTICAL EXAMPLE – HOW TO READ JUDGMENTS?

The Kerala High Court Judgment in Suneesh Vs. State of Kerala, decided on 05th December 2022.

Note – Judgment is uploaded here.

Suneesh Vs State of Kerala (2022 Kerala High Court)

(1) Facts of the Case –

Para 4 of the judgment provides facts of the case. Petition before Kerala High Court under S. 482 of the CrPC sought to be quashed final report filed before Additional Chief Judicial Magistrate in Proceedings under DV Act.

(2) Issue arises in the case –

Para 3 of the judgment provides issue arises in the case. Whether non-payment of maintenance allowance in refusal to pay the same based on a monetary relief granted under S. 20 of the DV Act would amount to breach of protection order and for which, penal proceedings under S. 31 of the D.V Act can be invoked?

(3) Arguments of petitioner/appellant

Para 5, 8 and 9 of the judgment provides Arguments of the petitioner counsel.

(4) Arguments of respondents

Para 6 and 7 of the judgment provides Arguments of the respondent counsel.

(5) Observation of the bench –

Para 10 to 14 of the judgment provides observation of bench in the case.

(6) Final Conclusion –

Para 15 of the judgment provides a final conclusion. The Court held that the penalty provided under S. 31 of the D.V Act would attract only for breach of protection orders passed under S. 18 of the D.V Act and the same would not apply to maintenance orders under S. 20 of the Act.