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Shree. ( Advocate.)     23 July 2009

Judgment-meaning and Requirements

   Judgment-meaning

In K.V. Rami Reddi v. Prema, Civil Appeal No. 2551 of 2001 the Supreme Court explained the meaning and content of judgment thus:-

"The declaration by a judge of his intention of what his 'judgment' is going to be, or a declaration of his intention of what final result it is going to embody, is not a judgement until he had crystallised his intentions into a formal shape and pronounced it in open court as the final expression of his mind".

[K.V. Rami Reddi v. Prema, Civil Appeal No. 2551 of 2001 decided on February 20, 2008]

 

Requirements of a judgment

 
In B. Vishwanath v. State of Karnataka, Criminal Appeal No. 306 of 2008 in the Supreme Court has had an occasion to come across with a judgment of the Karnataka High Court in which there was no indication as to whether the appeal was dismissed or allowed. The Supreme Court noted thus:
 
“It needs no emphasis that the Appellate Court exercising appellate powers has not only to consider various points but objectively and critically analyse the evidence. That has not been done in the present case.”
 
            It was only after the appellant’s getting the appeal listed under the heading “For being spoken to” that the single judge noted that the conviction and sentence was confirmed and appeal dismissed.
 
            The Supreme Court remitted the case to the High Court for fresh consideration.
 
[B. Vishwanath v. State of Karnataka, Criminal Appeal No. 306 of 2008 decided on February 13, 2008]



Learning

 1 Replies

Raman ( )     24 July 2009

Good to know ... 





 B. Vishwanath v. State of Karnataka 

 

How would I find the final decision in this case, if I need to? Did SC ask the HC to re-consider the case on the basis that the HC has dismissed the appeal under the heading of "For being spoken to ..." or showing a reason that it had approached in an improper way to construe the evidence? I am here learning a point that SC can force any court to re-consider the case rather than giving it's final decision then and there. SC could have simply denied HC's judgement. May be, SC was also suspecting the appellant's case in the same manner as HC did? When it is remitted, would the case go back to the same Judge in the HC? Doesn't it get prolonged? I don't know, I may be confused here !  I am more inquisitive about the methods that we are following in the .... ! 

 

While I was reading the case details, often times I noticed words like 'learned judge', any other meaning to it? LOL

 

thanks.

 


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