Skip to main content

JUDGEMENT

 JUDGEMENT


Section 2(9) of the Code defines 'judgment'. According to it judgment means a statement given by the judge on the grounds of decree or order. In other words, judgment contains the set of reasoning, application of law to the facts and the determination of such rights. It must reflect the applicability of judicial mind.

Order 20 Rule 1 lays down that the court after the case has been heard shall pronounce the judgment. The court may pronounce the judgment at once or may fix a future date for pronouncing a judgment. Ordinarily, if a future date is fixed for pronouncing judgment, it shall not be more than thirty days from the date on which the hearing was concluded. Rule 4 further provides that judgment of Small Causes Court shall contain points of determination and the decision and judgment of courts other than Small Causes Court shall contain the following:-

  • Concise statement of the case 
  • Points for determination
  • Decision and reasons for such decision

Comments

Popular posts from this blog

Theories of Punishment

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping law s and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to...

Companies act ,2013

Companies Act, 2013 Meaning and Nature of a Company with Emphasis on its Advantages 1. Meaning of a Company : A company is a legal entity formed by a group of individuals to engage in and operate a business commercial or industrial enterprise. It is governed by the provisions of the Companies Act, 2013 in India. According to Section 2(20) of the Companies Act, 2013, "Company means a company incorporated under this Act or under any previous company law." Lord Justice Lindley : "A company is an association of many persons who contribute money or money's worth to a common stock and employ it for a common purpose. The common stock so contributed is denoted in money and is the capital of the company." A company is an artificial person created by law. It has a separate legal identity distinct from its members. It can enter into contracts, own property, sue, and be sued in its own name. 2. Nature of a Company : The nature of a company can be understood through its key ...

Interlocutory order

  Interlocutory order Rule 6 to 10 of Order 39 mention certain interlocutory orders that can be made by the court. The term 'interlocutory order' is not defined in the Code. It means an order passed by a court during pendency of a suit or in course of execution proceedings which do not determine the substantive rights of the parties in respect of subject-matter of the suit but relates to the protection of the subject-matter of the suit or for ensuring determination of merits of the case. For eg.: (i) Ordering sale of perishable property in certain cases [Rule 6] (ii) Order for detention, preservation or inspection of any property forming subject-matter of suit [Rule 7]. (iii) Order authorizing any person to enter into any land or buildings and take samples or try experiments [Rule 8]. (iv) Order to deposit the money held by a person as a trustee, in court [Rule 10], etc.