cpc

why courts are reserving judgments?


Why courts are reserving judgments?

 

Q : What does it mean that the court has reserved its judgment?
A : When a court reserves the judgment, it means the matter has been kept in abeyance for a while. This is done after all the parties have completed their arguments and all the written submissions have been filed in the court.
 
Q: Why do judges reserve a judgment?
A : The judges reserve a judgment so they can write a judgment. One must understand that a judgment is not a single page order of few lines, the judgment contains the summery of arguments of both the parties, the law of the land, previous judgments on the issue, conclusion and the reasons for arriving on that conclusion. Judges need time to refresh in their memory, the arguments of each party, do research by reading previous judgments and judgments on similar issues in other countries and finally think about the reasons for arriving on a particular conclusion. This entire excersise is very laborious and time consuming.

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Advocate

thanks for very good information.

 
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Advocate

It is entirely correct.  However my experience today in a High court is entirely different.  We have approached HC in one case when the Government not implemented the orders of Administrative Tribunal given in our favor instead of filing contempt petition.  We prayed for compensation for delay in Tribunal for that delay in our replication which was totally ignored by Tribunal.  So on two points we went to HC and presented our reasons in Writ petition as to why the case should be admitted in HC only.  After 3 hearings, the HC dismissed our petition.  We are yet to receive the order but I felt the court should have taken time to go through the submissions in written part as to why case should be admitted in High court itself.  We have an option to file a review petition.  But it involves time again.  Question is who has to suffer?

 

If the court errs in its judgment, the court will not suffer but the litigant suffers.  They have a privilege to err?

 
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Advocate

"I have perused the written arguments. None of the contentions raised in the written arguments are considered.  In fact, the decisions of the Supreme Court, this Court and Patna High Court have been cited in the written arguments. The same does not find place in the judgment of the Appellate Tribunal. The lower Appellate Court shall keep in mind that written arguments are submitted not for fancy sake. It is a right conferred by the statue to a party to submit the written arguments which are meant for consideration and adjudication. No Court shall ignore the written arguments and refuse to consider the same. If it were to do so, they are liable for action by the Superior Courts. This is nothing short of judicial dishonesty. A Judge is not supposed to exhibit such dishonesty. A Judge is supposed to exhibit extreme patience and give long rope and hear arguments and then pronounce his decision after adjudicating the matter. I find that this is a classic case where the Judge refused to consider the written arguments. He has not considered the decisions cited before him. In such cases, the judgment should not be upheld. It deserves to be set aside since no party can be allowed to leave the Court with dissatisfaction for non-consideration of his arguments. If such things were to happen, the litigant public certainly loses confidence in the judicial systems. I am of the considered view that the Appellate Court's judgment shall not stand for judicial scrutiny before this Court for the learned Judge's failure to consider the written arguments and adjudicate the matter in the light of the written arguments which lead to miscarriage of justice."

 

Andhra High Court:  Kamisetty Pedda Venkata Subbamma ... vs Chinna Kummagandla Venkataiah on 21 December, 2004

Equivalent citations: 2005 (2) ALD 73, 2005 (2) ALT 462

 

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Advocate

It is duty of courts to give reasoned orders.  When conclusions are arrived at, they must be supported by reasons as to why such and such conclusion was arrived at by the court.  That cannot be done without considering the written submissions made by the litigants. It is duty of court to give its reasons as to why it differs with the arguments/submissions put forth by the litigant in the written part if it wants to give a decision against him.  If it is not done, it cannot be called a reasoned order.  Everything is fair, we know it all for everyone's good.  If one court fails to arrive at a just conclusion the reviewing court or appellate court will arrive at it.  We have so many tiers in our judicial system up to Supreme Court to ensure that if it fails at one stage, at another stage, our reason may appeal to some other stage.  All fair and good.  We have many options given by the Law. We will definitely invoke our rights as citizens. But the larger question is, if one court errs in its judgment....the court is not to suffer but the litigant has to suffer for the mistake committed by the court.  How that loss will be compensated to the litigants?  It is not fair and just to say that for my mistake you have to suffer.  Is there any principle of natural justice saying that for one's mistake nobody else other than the one who committed the mistake should suffer? Or if someone else has to suffer for my mistake it is my duty to compensate him?

 
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Advocate

3. None present for the appellant. In view thereof, the Court has

examined the material on record and gone through both the impugned

judgments with the help of Shri Kamal Mohan Gupta, learned counsel

appearing on behalf of the State.

 

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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2322 of 2010

Deepak Gulati …Appellant

Versus

State of Haryana …Respondent

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As can be seen from the above judgment Supreme Court had decided the case of appellant even without the presence of counsel perusing the material on record placed before them.  In this case the Counsel for respondent was present, but the Counsel for appellant was not present even then, the case was decided in favor of the appellant.  However there are also decisions against litigants when counsel was not present in that the courts dismissed the petitions/appeals for the absence of counsel.  It is not known which is correct approach.  If the SC can decide the case perusing the material placed on record, why other courts do not follow suit?  Or to decide against litigants dismissing their petitions/appeals for absence of counsel itself is erroneous judgment.  Kindly throw light on this.

 

Regards,

 

 
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Advocate

Admission Stage and Oral Arguments : Recommendations of Law Commission (99th Report of Law Commission on Oral and Written Arguments in Higher courts, 1984).

 

At the same time it appears to us that at the stage of admission, a different approach can be adopted without much difficulty. The principal task of a court at the stage of admission is to decide whether there is in the material placed before it a prima facie case that seems to justify invocation of jurisdiction of court. For coming to a decision on the issue, written arguments presented properly in the form of Statement of case/appeal on the lines envisaged in the report, should, in the vast majority of cases, be sufficient.

 
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Advocate

I have not interacted in the forum for a long time because I developed pessimism with regard to legal institutions after receiving judgment in one writ petition which did not assign any reasons for dismissal of that writ petition drafted by me.  A review petition is filed there after which was also dismissed without assigning any reasons whatsoever, just simply saying there is no error apparent on the face of record.  We have discussed in the review petition showing errors on the face of record as glaring as judgment saying that the petitioner is represented by counsel...whereas the petitioner himself had represented his case as party in person. Even errors on face of record were shown with regard to the subject matter of judgment, but the dismissal of review order was done without rebutting discussing any of the arguments posed by us showing errors on the face of record. After that judgment i did not feel like looking at any law book.  If such lapses occur at High court level, who can save the common man?

 

There is no forum to complain against court judgments in our country because the courts themselves are deciding authorities.  If courts themselves make mistakes where a common man can go?  Can a petitioner go and ask the judges personally - why have you given this kind of judgment?  It is not possible.  The only thing the petitioner can do is to keep on filing cases at different levels till some good judge finds sense in his arguments.  But that is not affordable to my petitioner who is my father himself.  He cannot afford to go to Supreme court because it involves huge expenditure for lawyers. 

 

Keeping a writ petition for two years the HC dismissed WP of a senior citizen of 80 years directing him to go back to Tribunal involving him in three rounds of litigation with govt, which may take ten years more.  He already fought for 23 years on the case with government and tribunal gave judgment in his favor.  Govt. did not implement tribunal orders. 

 

I felt that if Supreme court also dismisses without assigning any reasons for the arguments posed by us like HC did, then where can we go?  If all the three tiers of courts give one page orders like govt. orders....without assigning any reasons for not accepting the arguments posed by the petitioners...where a petitioner can go?  Is there any forum bigger than Supreme court in our country to go and seek justice?  If HC can do like this, how can anyone even believe Supreme court would give a wiser judgment?

 

Having lost faith in judiciary and interest in subject I stopped interacting in this forum for a long time. 

 

Having said this I suggest two amendments to law :

 

1.  Review petition should not be heard by the same judge who passed the order because he will have ego problems hearing arguments made against himself by the petitioner that too when the case is represented by the party in person.  The CPC should be changed to the effect that the review petition must be heard by judges other than the judge who passed the final order. 

 

2. There should be a panel of retired judges numbering three at every level of court viz., Trial, HC and SC and they should not do any job other than reviewing the judgments made by the courts.  On the final order of the Trial court one must be compelled to go for a review and only after review the appeal can be filed in the HC by aggrieved parties.  The HC should discuss both the order on review petition and final order when appeal is filed by the aggrieved parties.  At HC level also another panel must be there to review the order made by HC.  Like wise at Supreme court.  Then I think the interests of parties will be protected. At Trial court level retired Trial court judges who can extend their services till five years after their retirement must be chosen. At HC level retired HC judges who can extend their services till five years after their retirement must be chosen.  At SC level retired SC judges who can extend their services till five years after their retirement must be chosen.  Review of orders must be made compulsory at every level by this panel before approaching the higher forum.

 
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Advocate

The said panel must be entrusted with the responsibility of judicial accountability and powers must be given to the panel to take action against judges who make orders which look perverse and totally contrary to the judicial norms, natural justice and jurisprudence.

 
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Advocate

A scientific fool proof method must be developed to analyse the judgment and parameters must be set whether the judgment contains all the elements that are necessary like necessity of being a speaking order, recording reasons, following principles of equity and natural justice....whether the written arguments were considered etc.  On all these parameters, marks should be awarded to evaluate the judgment and the judge who gives judgment that falls below the required standard and looks perverse must be punished by the panel the way law made by parliament dictates.  Judicial accountability is a must.  We cannot do away with it anymore.

 
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