Friday, 30 August 2013

I would like to suggest a judgement written by a judge should be written  under headings and sub-headings. It should not be a continuous composition but should take care of all the limbs of a speaking judgement  in a distinctly identifiable break up paragraphs dealing  the issues one after other. Each paragraph may be given a distinct heading so that any reader con find out the exact location of a particular discussion without improper investment of time.
Headings and subheadings shall prompt the writer to drop one or two sentence at every change of discussion with every change of paragraph and will make the judgement compact.
A judge communicates only through his judgements hence judgements must be communicating, clear, crisp, and presentable with sobriety. Dog-mat sentences, superlative degree-adjective , extreme statement should be avoided. The dignity of the parties, witnesses, privileges if any , secrecy , identity of any of the party if under protection of law , ,these factors must be taken care of the the judge.

Unnecessary show of writing skill or showcasing one's word power should be avoided. Adjectives ,adverbs should be used only as per necessity. Metaphors or literary quotations, poetic similes should always be avoided. A judgement in order to be a good judgement should contain beside the format and other formal contents facts of the case as per both sides, materials available on record as evidence or to be considered or really considered, Legal or factual controversies or issues found to be decided, the arguments of the parties point wise and the finding  point wise with reasoning and finally the verdict pronounced, relief granted or disallowed or orders or directions given. It must be deciding all the necessary issues that too clearly.
Complex or compound sentences, use of double negatives, indirect  speech etc may be avoided.
If some thing is quoted from earlier judgements or reports or books , the sources should be acknowledged. Laws referred by the parties must be mentioned and commented upon by the judge. Statutory requirements of every judgement about the form and contents and subsequent or precedent step requirement be complied.

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