How to Read Judgements effectively (LITIGATION BASICS 3)

Judgments of the Supreme Court and the High Courts constitute the law of the land. Through judgments, courts interpret and give meaning to the law enacted by the legislature. Therefore, reading and understanding the law laid down in judicial decisions is an essential exercise for every practicing lawyer.

Reading judgments is an art that develops with consistent practice. Regular judgment reading enhances legal understanding, sharpens analytical skills, and strengthens courtroom performance. Law students and junior advocates often find it difficult, at the initial stage, to read and comprehend judgments due to their length, structure, and legal reasoning. A systematic approach can make this exercise effective and purposeful.

(A) Understanding the Question of Law and Question of Fact

Judgments of the Supreme Court and High Courts deal with:

• Questions of Law,
• Questions of Fact, or
• Both Questions of Law and Fact.

While deciding a question of law, it is the duty of the court to ascertain the correct legal position and apply it to the case. In deciding a question of fact, the court evaluates the evidence on record and arrives at its conclusions. In many cases, courts are required to adjudicate upon both questions of law and fact. Identifying these aspects at the outset is crucial for understanding the judgment correctly.

(B) Understanding the Constitution of Benches and Judicial Hierarchy

The High Courts decide matters through:

• Single Bench, or
• Division Bench.

The Supreme Court decides matters through:

• Single Bench,
• Division Bench,
• Larger Bench, or
• Constitution Bench.

The constitution of benches depends upon the importance of the matter and the nature of the legal question involved.

• Single Bench: Consists of a single Judge.
• Division Bench: Consists of a minimum of two Judges. As per the Supreme Court Rules, 2013, appeals are generally heard by a Bench of not less than two Judges. Matters involving confirmation or award of the death sentence are heard by a Bench of not less than three Judges.
• Constitution Bench: Consists of a minimum of five Judges. Matters involving interpretation of constitutional provisions or significant questions of constitutional law are referred to a Constitution Bench.

Effect of Judgments
A judgment delivered by a larger bench is binding on benches of lesser strength. A larger bench may overrule judgments of a smaller bench. However, a bench of equal strength cannot overrule a judgment and can only refer the matter to a larger bench.

(C) Understanding Ratio Decidendi, Obiter Dicta, and Precedents

• Ratio Decidendi refers to the principle or reason on which the judgment is based. It is the binding element of a decision.
• Obiter Dicta are observations or remarks made by the judge which are not essential to the decision and are not binding, though they may have persuasive value.
• Precedent: Decisions of higher courts, such as the Supreme Court and High Courts, serve as precedents for courts subordinate to them within the judicial hierarchy.

Judicial precedents form one of the most important sources of law, and identifying the ratio is critical while relying on judgments in litigation.

(D) Understanding Basic Terminology Used in Judgments

Before adopting a strategy for reading judgments, it is essential to understand commonly used terms:

• Allowed – Petition or appeal is accepted by the court.
• Dismissed – Petition or appeal is rejected, with or without adjudication on merits.
• Withdrawn – Petitioner withdraws the matter.
• Decision on merits – Judgment delivered after considering the merits of the case.
• Refused to entertain – Matter rejected due to non-maintainability.
• Upheld – Lower court’s decision is affirmed.
• Set aside – Lower court’s decision is annulled.
• Revised – Judgment modified by a revisional court.
• Overruled – Judgment of a smaller bench is declared incorrect by a larger bench.

(E) Purpose of Reading Judgments

1. Legal Research
   The primary purpose is to identify and study relevant precedents.
2. Drafting and Arguments
   Legal research directly supports drafting pleadings and preparing oral and written arguments.
3. Enhancing Legal Knowledge
   Regular judgment reading strengthens practical legal understanding and litigation skills.

(F) Strategy for Reading Judgments

1. Read the Judgment as a Whole
   A judgment should be read in its entirety. Reliance solely on headnotes or summaries is discouraged, as they may sometimes be inaccurate or misleading.
2. Highlight Important Aspects
   While reading, focus on:
• Facts of the case
• Issues involved
• Precedents cited
• Arguments of the petitioner/appellant
• Arguments of the respondent
• Court’s discussion
• Observations of the bench
• Final conclusions
3. Analyse the Precedent and Its Impact
   After reading the judgment, analyse its legal impact and applicability to future cases.

(G) Practical Example – How to Read a Judgment

Case: Suneesh v. State of Kerala, decided on 05 December 2022 by the Kerala High Court.

Note: Download this judgment for reference using the link provided below before proceeding further.

https://drive.google.com/file/d/1CxaNXMpbx56KS0EPnXQuQzA71a9RpeBG/view?usp=drivesdk

1. Facts of the Case - Paragraph 4 of the judgment sets out the facts. The petition under Section 482 of the CrPC sought quashing of the final report filed before the Additional Chief Judicial Magistrate in proceedings under the Protection of Women from Domestic Violence Act.
2. Issue Involved - Paragraph 3 frames the issue: Whether non-payment of maintenance granted under Section 20 of the DV Act amounts to breach of a protection order under Section 18, thereby attracting penal proceedings under Section 31 of the Act.
3. Arguments of the Petitioner - Recorded in paragraphs 5, 8, and 9.
4. Arguments of the Respondent- Recorded in paragraphs 6 and 7.
5. Observations of the Court- Contained in paragraphs 10 to 14.
6. Final Conclusion - Paragraph 15 records the conclusion. The Court held that penal provisions under Section 31 of the DV Act apply only to breaches of protection orders under Section 18 and not to monetary relief or maintenance orders passed under Section 20.