“…it is not enough to attain to a degree of precision which a person reading in good faith can understand; but it is necessary to attain if possible, to a degree of precision which a person reading in bad faith cannot misunderstand. It is all the better if he cannot pretend to misunderstand it.”
– SIR JAMES FITZJAMES STEPHEN
The subject of judgment-writing is an exercise fraught with complexities, yet an inexplicable part of any legal system. It not only derives its basis from established jurisprudential values, but also furthers the development thereof.
The prior two editions being well received experiments to delineate in simple and effective manner, the core principles of the subject, we are now richer by their experience to realise the endeavour to provide one-stop solution for all major examinations evaluating candidates for judgment writing.
- The readers will find inclusion of UP Judicial Services previous year question (2000 onwards) in this edition to be a welcome addition.
Together with solved previous-year questions and questions framed with experience gathered as officers of Delhi Judicial Service, an attempt has been made to familiarise the reader with a gamut of approaches to judgment and order writing.
We hope that students and professionals alike will find it to be an enriching and encouraging experience. Best Wishes.
ROBINJEET SINGH
ARJINDER KAUR
CONTENT | |
Chapter I INTRODUCTION | |
1. Guidelines by Supreme Court on how to write a judgment | 1 |
2. A general approach to answer writing in mains of any state | 2 |
2.1. Analytical Answers | 2 |
2.2. Theoretical Answers | 3 |
2.2.1. For Short Notes | 3 |
2.2.2. For Elaborate Theoretical Answers | 3 |
Chapter II FORMAT OF JUDGMENT WRITING | |
A. Steps involved in Judgment Writing | 5 |
i. Title of Judgment | 5 |
ii. Suit Details/Case Details | 5 |
iii. Description of Parties | 5 |
iv. Counsel | 5 |
v. Heading and Date of Judgment | 6 |
vi. Introduction of the Case | 6 |
vii. Admitted facts/undisputed facts | 6 |
viii. Plaintiff/Prosecution Story | 6 |
ix. Defence Story | 6 |
x. Issues/Points of Determination | 6 |
xi. Analysis and Determination | 6 |
· Pecuniary Jurisdiction of Civil Courts in various States | 7 |
B. Formats of Judgment in different States | 8 |
1. Chhattisgarh/Madhya Pradesh | 8 |
a. Format for Judgment in Civil Cases | 8 |
b. Format for Judgment in Criminal Cases | 10 |
2. Rajasthan | 13 |
a. Format for Judgment in Civil Cases | 13 |
b. Format for Judgment in Criminal Cases | 15 |
3. Delhi | 17 |
a. Format for Judgment in Civil Cases | 17 |
b. Format for Judgment in Criminal Cases | 19 |
4. Himachal Pradesh | 21 |
a. Format for Judgment in Civil Cases | 21 |
b. Format for Judgment in Criminal Cases | 23 |
5. Uttar Pradesh | 25 |
a. Format for Judgment in Civil Cases | 25 |
b. Format for Judgment in Criminal Cases | 27 |
Chapter III MARSHALLING AND APPRECIATION OF EVIDENCE | |
1. Marshalling of Evidence | 29 |
2. Appreciation of Evidence | 30 |
2.1. Meaning and Purpose of Appreciation of Evidence | 30 |
2.2. Manner of Appreciation of Evidence | 31 |
2.2.1. Appreciation of Oral Evidence | 31 |
2.2.2. Appreciation of Documentary Evidence | 31 |
2.3. Some other examples of appreciation of evidence | 33 |
3. Appreciation of evidence of different kind of witnesses | 35 |
3.1. Child Witness | 35 |
3.2. Interested Witness | 35 |
3.3. Injured Witness | 36 |
3.4. Chance Witness | 37 |
3.5. Hostile Witness | 37 |
4. Important sections to be used for appreciation of evidence of the most common witness | 38 |
4.1. In Criminal Cases | 38 |
4.1.1. Victim/Complainant | 38 |
4.1.2. Investigating Officer (Public Servant) | 38 |
4.1.3. Expert Witness | 39 |
4.1.4. Any other eye witness | 39 |
4.1.5. Seizure Witnesses | 39 |
4.2. In Civil Case | 39 |
4.2.1. Plaintiff and Defendant | 39 |
4.2.2. Attesting Witnesses | 40 |
4.2.3. Expert Witness | 40 |
5. Important sections for Appreciation of Different Kinds of Evidence | 40 |
5.1. Appreciation of Oral Evidence | 40 |
5.2. Appreciation of Documentary Evidence | 41 |
5.3. Appreciation of Electronic Evidence | 41 |
5.4. Appreciation of Circumstantial Evidence | 42 |
Chapter IV FRAMING OF ISSUES AND CHARGE | |
1. Framing of the issues | 45 |
2. Steps to Determine the issues involved | 45 |
3. Model issues for certain specific cases | 46 |
3.1. Suit for Specific Performance of Contract | 46 |
3.2. Suit for Compensation in the Case of Breach of Contract | 47 |
3.3. Suit for Declaration | 47 |
3.4. Suit for Perpetual Injunction | 48 |
3.5. Suit for perpetual injunction to prevent the defendant from committing breach of contract and for the specific performance of contract | 48 |
3.6. Suit for possession of Immoveable property on the basis of possessory title and for mesne profit | 48 |
3.7. Suit for redemption of the mortgaged property (mortgage by conditional sale v. an outright sale) | 49 |
3.8. Petition for Divorce on the Ground of Cruelty | 49 |
4. Preliminary Issues | 50 |
5. Examples of Preliminary Issues | 50 |
5.1. Relating to Jurisdiction of Court | 50 |
5.2. Relating to Limitation | 51 |
5.3. Relating to Res Judicata | 51 |
5.4. Relating to Court Fees | 51 |
5.5. Relating to Order II, Rule 2 of Code of Civil Procedure, 1908 | 52 |
6. Framing of Charge | 53 |
6.1. Steps Involved in Framing Charge | 54 |
6.2. Points to be kept in Mind while Framing the Charge | 55 |
7. Format of Charge | 56 |
7.1. Charges with one-head | 56 |
7.2. Charges with two or more heads | 56 |
8. Model Charge | 57 |
8.1. Regarding sections providing for joint and constructive liability | 57 |
Charge with Section 34 of IPC | 57 |
8.2. With regard to specific offences relating to body | 57 |
Charge under Section 324 of IPC | 57 |
Charge under Section 325 of IPC | 57 |
Charge under Section 335 of IPC | 58 |
Charge under Section 354 of IPC | 58 |
8.3. With regard to specific offences relating to property | 58 |
Charge under Section 392 of IPC | 58 |
Charge under Section 409 of IPC | 58 |
Charge under Section 380 of IPC | 58 |
Charge under Section 427 of IPC | 59 |
Charge under Section 451 of IPC | 59 |
Charge under Section 457 of IPC | 59 |
8.4. Charge under some other sections | 59 |
Charge under Section 120B of IPC | 59 |
Charge under Section 506 of IPC | 59 |
Charge under Section 201/511 of IPC | 59 |
Charge under Section 218 of IPC | 60 |
Chapter V IMPORTANT CONCEPTS FOR JUDGMENT WRITING | |
A. Mens Rea and Actus Reus | 61 |
B. Burden of Proof | 62 |
C. Test Identification Parade (TIP) | 64 |
D. Discovery Statement | 65 |
E. Delay in Lodging of the FIR | 66 |
F. Hearing of Accused on Sentence | 66 |
G. Distinction between Mortgage by Conditional Sale (MCS) and Sale with Condition to Repurchase (SCR) | 67 |
H. Mesne Profit | 68 |
I. Damages in Case of Breach of Contract | 68 |
I.1. Damages in Case of Voidable Contracts | 69 |
I.2. Anticipatory Breach of Contract | 70 |
I.3. Time as Essence of Contract | 70 |
I.4. Restoration of Benefits after Rescission | 71 |
J. Cancellation of the Instrument: Section 31 of Specific Relief Act, 1963 | 71 |
K. Frustration of Contract | 72 |
K.1. Physical Impossibility | 72 |
K.2. Legal Impossibility | 73 |
K.3. Practical Impossibility | 73 |
K.4. Exceptions to Impossibility | 73 |
L. Notice: Section 3 Paragraph VII of TPA | 73 |
M. Novation of Contract | 74 |
N. Admission | 75 |
O. Some Important Case Laws | 75 |
1. Equitable Mortgage | 75 |
2. Unregistered Sale Deed | 76 |
3. Partition Deed | 76 |
4. Declaration/Injunction | 77 |
5. Section 92 of IEA | 77 |
6. Lease | 78 |
7. Acknowledgement (Section 18 of ILA, 1963) | 78 |
8. Relevance of Revenue Records | 79 |
9. Order II, Rule 2 of Code of Civil Procedure, 1908 | 79 |
10. Res Judicata | 80 |
11. Settled Possession | 80 |
12. Framing of Issues | 81 |
13. Eviction of Licensee Suit for Possession or Mandatory Injunction? | 82 |
14. Judicial Notice | 82 |
15. Possession of Caretaker, Watchman or Servant | 83 |
16. Ex-parte Proceeding and Burden of Proof on Plaintiff | 84 |
17. Handwriting Expert’s Evidence | 85 |
18. Readiness and Willingness to Perform the Contract [Section 16(c) of SRA] 85 | 85 |
19. Section 34 of Specific Relief Act and Consequential Relief | 86 |
20. Order XXXII of CPC (Next Friend and Guardian ad litem) | 86 |
21. Ancestral Property and Partition | 87 |
22. Conditional Sale or a Sale with an Option to Replace | 87 |
Chapter VI IMPORTANT SECTIONS FOR JUDGMENT WRITING | |
I. Code of Criminal Procedure, 1973 | 89 |
II. Indian Penal Code, 1860 | 90 |
III. The Indian Evidence Act, 1872 | 96 |
IV. Code of Civil Procedure, 1908 | 98 |
V. The Limitation Act, 1963 | 100 |
VI. Indian Contract Act, 1872 | 101 |
VII. Specific Relief Act, 1963 | 103 |
VIII. Code of Criminal Procedure, 1973 | 104 |
Chapter VI SOLVED PREVIOS YEAR QUESTIONS- CIVIL PART-A CHHATTISGARH | |
1. CG 2008 (specific performance of contract) | 107 |
2. CG 2011 (declaration and possession) | 115 |
3. CG 2012-13 (specific performance of contract or alternatively recovery of advance money with interest) | 122 |
4. CG 2014 (eviction u/s. 111 (h) TPA and damages | 130 |
5. CG 2015 (money recovery on the basis of promissory note) | 136 |
6. CG 2016 (specific performance of contract) | 141 |
7. CG 2017 (petition for divorce on the basis of adultery and cruelty | 146 |
PART-B MADHYA PRADESH | |
8. MP 1996 (specific performance of agreement to sell) | 151 |
9. MP 2001 (redemption of mortgage) | 157 |
10. MP 2009 (money recovery on the basis of promissory note) | 163 |
11. MP 2012 (recovery of possession of land and cancellation of sale deed) | 171 |
12. MP 2014(money recovery on the basis of promissory note) | 179 |
13. MP 2015 (money recovery on the basis of promissory note) | 186 |
14. MP 2016 (declaration of ownership and permanent injunction) | 193 |
15. MP 2018 (specific performance of agreement to sell) | 199 |
16. MP 2019 (suit for possession) | 210 |
Chapter VIII SOLVED QUESTIONS FOR PRACTICE – CIVIL | |
1. Q. 1 (eviction, arrears of rent and mesne profit) | 217 |
2. Q. 2 (declaration of ownership) | 225 |
3. Q. 3 (specific performance of agreement to sell) | 231 |
4. Q. 4 (cancellation of agreement to sale, possession and mesne profit) | 237 |
5. Q. 5 (recovery of possession and mesne profit) | 243 |
6. Q. 6 (declaration of title and possession) | 250 |
7. Q. 7 (recovery of possession and permanent injunction) | 257 |
8. Q. 8 (redemption of mortgage) | 262 |
9. Q. 9 (eviction of tenant and possession) | 268 |
10. Q. 10 (declaration of ownership) | 273 |
Chapter IX UNSOLVED QUESTIONS FOR PRACTICE – CIVIL | |
1. Question No. 1 | 279 |
2. Question No. 2 | 280 |
3. Question No. 3 | 281 |
4. Question No. 4 | 282 |
5. Question No. 5 | 283 |
6. Question No. 6 | 285 |
7. Question No. 7 | 285 |
8. Question No. 8 | 287 |
9. Question No. 9 | 288 |
10. Question No. 10 | 289 |
Chapter X SOLVED PREVIOUS YEAR QUESTIONS – CRIMINAL PART-A CHHATTISGARH | |
1. CG 2003 (section 457 and 380 of IPC) | 291 |
2. CG 2004 (section 489-C of IPC) | 300 |
3. CG 2008 (section 452 and 324 of IPC) | 307 |
4. CG 2011 (sections 468, 471, 419 and 420 of IPC) | 315 |
5. CG 2012-13 (section 457 and 380 of IPC) | 325 |
6. CG 2014 (section 392 of the IPC) | 337 |
7. CG 2015 (sections 467, 468, 471 and 420 read with 511 of IPC) | 345 |
8. CG 2016 (section 451 and 380 of IPC) | 352 |
9. CG 2017 (section 506 and 326 of IPC) | 358 |
PART-B MADHYA PRADESH | |
10. MP 1996 (section 341 and 325 read with section 34 of IPC) | 365 |
11. MP 1998 (section 457 and 380 of IPC) | 373 |
12. MP 2006 (section 392 of the IPC) | 381 |
13. MP 2007 (section 335 of IPC) | 389 |
14. MP 2011 (section 324 of IPC) | 396 |
15. MP 2012 (section 451 and 354 of IPC) | 403 |
16. MP 2013 (sections 452, 323, 325 and 506 of IPC) | 411 |
17. MP 2014 (section 379 read with section 34 of IPC) | 420 |
18. MP 2015 (section 451 and 380 of the IPC) | 427 |
19. MP 2016 (section 452 and 324 of the IPC) | 436 |
20. MP 2017 (sections 294, 325 and 506 of IPC) | 444 |
21. MP 2018 (sections 294, 324 and 506 Part II of IPC) | 453 |
22. MP 2019 (sections 294, 510, 451 and 325 read with 34 of IPC) | 460 |
PART-C UTTAR PRADESH | |
23. UP 2000 (section 380 of IPC) | 468 |
24. UP 2003 (section 376 of IPC) | 472 |
25. UP 2006 (section 498A/34 & 304B/34 of IPC) | 475 |
26. UP 2012 (section 465 of IPC) | 480 |
27. UP 2013 (section 363, 366 & 376 of IPC) | 484 |
28. UP 2015 (section 120B, 392, 397 of IPC & section 25 of Arms Act) | 490 |
29. UP 2018 (section 376D & 302/34 of IPC) | 495 |
Chapter XI Solved Questions for Practice – Criminal | |
1. Q. 1 (sections 279, 354 and 427 of IPC) | 501 |
2. Q. 2 (section 341 read with section 34 and section 394 of IPC) | 510 |
3. Q. 3 (sections 277, 394, 427 and 201 read with section 34 of IPC) | 519 |
4. Q. 4 (Based on MP 2001) (section 498A and 304B of IPC) | 529 |
5. Q. 5 (section 498A and 325 of IPC) | 535 |
6. Q. 6 (section 304A and 338 of IPC) | 542 |
7. Q. 7 (section 354D read with 34 and section 120B, 458 and 326 read with section 120B of IPC) | 549 |
Chapter XII UNSOLVED QUESTIONS FOR PRACTICE – CRIMINAL | |
1. Question No. 1 | 559 |
2. Question No. 2 | 560 |
3. Question No. 3 | 561 |
4. Question No. 4 | 562 |
5. Question No. 5 | 563 |
6. Question No. 6 | 563 |
7. Question No. 7 | 564 |
8. Question No. 8 | 565 |
9. Question No. 9 | 566 |
10. Question No.10 | 567 |
Chapter XIII ORDER WRITING | |
1. Order on application under Order VII, Rule 11, CPC | 569 |
2. Order on application under Order XXXIX Rule 1 and 2, CPC | 572 |
3. Order on application under Order XXII Rule 3, CPC | 575 |
4. Order on application under Order VI Rule 17, CPC | 578 |
5. Order on application under Order XXXIX Rule 1 and 2, CPC | 581 |
6. Order on application under Order XVA, CPC | 584 |
7. Order on application under Order XII Rule 6, CPC | 587 |
8. Order on application under Order XXI Rule 29 CPC | 590 |