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An estimated 11-minute read

How Judges decide cases.... may be

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Hy dear readers,

Let me tell you at once that this is my premature adventure to write on a subject to which I have started my journey only a few days back and I know I have to travel the earth, walking. And, therefore, I will keep improving this blog while posting my brushing experience. But I am sure, this blog will not the pass the test of umpteen genuine criticism.

In this adventure, the readers, for the limited purpose of reading this mail, has to commit a bonafide temporary mistake to suppose that I am playing a Judge in this write up. Also let me tell you that I have no liberty to think that readers will have mercy to read my looong mails. Five pages is too much, still there are five.
Before I tell you how we decide cases, I will tell you little about court cases.

There were ancient times immemorial when there were no laws to govern and so were no governments & courts and man of victim were settling scores by themselves. But since now when we are a land governed by rules, laws and Judicial pronouncements and scheme of giving Justice by law courts is introduced for facilitation of these rules, laws and Judicial pronouncements, in cases they alleged to have been disregarded.

Let me tell you the whole scheme of Justice in its most common meaning implies the giving of every man his legal dues and the installation of Law Courts are meant for giving that legal due to that man, to the man who comes to the Court with “clean hands”.
Let me tell you that in every complaint filed in the court of law, it is suffice if one merely seeks the bare observance of the letter of the law and the spirit inherent in the letter of the law because NOW since we live in a society governed by Laws, rules & judicial pronouncements.
Let me tell you that we are quite conscious that fortune of time, money and wisdom is invested in enacting laws democratically and this whole exercise is passionately thrown overboard at the mere fascination of an irresponsible man when knowingly acting in clear breach of that law established democratically.
Let me also tell you that we know well the fascination of public Officials’ to established laws and neglect of their duties is the main cause of people’s indulgence in expensive and avoidable litigation; and that our government is known to be a huge contributor to delays, in matters where it is a party – at various stages – from evading notices, replying to notices and replying without application of mind, unnecessarily appealing even when the laws are clearly in favor of the other side, etc.

Now let me tell you how we decide cases.
Let me tell you that whenever a case comes before the Court, Judges in their occupational wisdom, though may appears to be deciding the case, yet legally speaking, they actually look at the law & facts of the case, interprete the law if required, settle the correct position of law, apply these settled laws to the facts of the case and thus the parties get their dues in the matrix of facts of the case & settled position of law.

It is always satisfying to see that a compliant is founded on law points or on equity, or else, let me tell you that complaint is vulnerable to fall flat. Letter of the law and principles of equity are our written voice and it is in the national interest if we remain prisoners of statute laws and do not travel beyond letter and intent inherent in language of the law.

Let me tell you that we can immediately judge the fairness of complainant if we slightly come across serious inconsistencies or untenable averments so made in the complaint.
I will also share a secret. Success of litigation depends upon the satisfaction of the presiding Judge. Wait a moment...... satisfaction means satisfaction by the averments and crisp arguments advanced, written or verbal and impeccable evidences lead.

First of all we see that if the Complainant has reasonably satisfied us that we have jurisdiction to decide the case in hand and we can give authoritative orders/ directions to the opposite parties in the case.

Then we see if the party has satisfied us that complainant has locus to file this case.

If this is done...then we satisfy ourselves to the crispy synopsis so made by the complainant which quickly gives us the gist of whole case.

Whether the case at hand is barred by time limitation or if a proper court fee is paid, are not the issues, which ordinarily, we are suppose to look into. It is the job of opposite party to raise objection to these above issues, if there are any.

After acquainting with gist of the case, we satisfy as whether applicable laws & sections of statutes are neatly & separately presented for its application with gist of the case to which now we are acquainted with. Let me tell you that we are also very anxious to find out the correct position of law as decided in earlier cases on similar points, which have become subject matter in this case.

Although the Advocates seems to be laboriously researching & preparing a water tight case, but sometimes, many irrelevancies and quite repetitions creeps in. Tell me, where is the time to read the whole facts of the case that sometimes runs into even three digit mark. Even if they are into 20-30 pages, it is quite difficult to read patiently, given the workload we have.

It is quite satisfying to see if the principal issue i.e. main area of controversy between the Complainant & opposite parties with respect to facts and law are brought to our notice in the beginning of the complaint, before narrating the looong facts of the case.

If it is satisfied to us that synopsis of the case reveals the violation of right or disclose failure of duty of opposite party in the light of the letter of the law, the complainant has to satisfy us that he has annexed documentary evidences in support of his submissions and he is not making just wild allegation against the opposite party without substantiating his averments. Let me tell you that his case may collapse like structure of playing cards in the absence of clear evidences to support his submissions.

If there are clear evidences annexed to support his submissions, then we move to patiently hear the opposite parties to the case.

After patiently hearing their submissions and their annexed evidences, we verify the submissions & evidences furnished by the complainant party. There may be certain things which the complainant party has not disclosed. We have to see, if these non disclosures have fatal bearing on his case or if those non disclosures are not so important to the final outcome of the case.
Whereas it is seen that advocates and Senior Counsels and even petitioner in persons of PILs vehemently put forth the wholesome illegality of the opposite party, in particularly of the mass abuse of powers by ministers & commissioners and thus they feel that they are naturally entitled to seek relief from us. Let me tell you we know well all this abuse of powers. However, this sometimes irritates us and seems exaggerated to us, though they may be very right.

I think, it is suffice, and more appropriate way may be that if we are patiently told to look into the letter of the law that is applicable in the case at hand, and also brought to our notice the correct position of law as decided in earlier instances by HC & SC, and we are neatly told the conduct of the opposite party and then we may be told to satisfy if the conduct of the opposite party is according to the law established ? Let us we be not told directly to pass orders. We are Lordship, you know.

Let me tell you that we quietly follows the points that advocates are making and can asses their worth; and it is better if we are told succinctly the Law holding the land as on today and the reality holding the land as on today.

Also it is seen that parties seek lot of reliefs and prayers from us. Let me tell you that we do not give them any reliefs; or rather correct way of saying is- we are not here to give reliefs and grant prayers. We are law courts and we are here to interprete the law and settle the correct position of law as it stands in the statute books. And in the light of settled position of law, if the alleging party becomes entitle to the reliefs, he gets it. The relief he gets is the consequence of our duty to settle the law and not any other way.
Dear people, a lethal weapon in hand tempts its owner to use it even unjustly and wantonly and so is the case with possession of undefined discretionary powers we have. But let me also tell you that we are incapable of denying legal dues to anyone who comes to us because we discharge our duties in open public forum; and in the public eye it is sometimes very difficult to abuse powers, especially when one brings forth a clear cut case for adjudication. It all depends on the lawyer who presents the case. Let me tell you that he is quite capable of preventing us from abuse of our undefined discretionary powers. Let me also tell you that urge for justice must emerge from victims because otherwise lawyers are quite busy.

We often feel irritated when advocates ask for immediate reliefs and they don’t care for our satisfaction and our views on it. Let me again remind that we are Lordship. Instead they should pose a question to us. Let me tell you that it is difficult for us to misuse our undefined discretionary powers of passing vague judgments & orders.

Let me tell you that Prayer Clause forms one of the most important part of any pleadings and the draftsman may style this clause in the following fashion, depending on factual position of his case.

The Complainant is discreetly conscious that satisfaction of this Hon’ble Court is prerequisite for success of the complainant’s litigation and therefore this Hon’ble Court is humbly prayed-


1. While taking into account the submissions of Complainant as contained in points .., the Hon’ble Court is prayed to satisfy itself, recording their valued reasoning in its Judgment / order, that if this Hon’ble Court has had the Jurisdiction as to case at hand and if the complainant has had the locus to file the case at hand.
2. While taking into account the submissions of Complainant as contained in points .., the Hon’ble Court is prayed to satisfy itself, recording their valued reasoning in its Judgment / order, that if it is alleged that the case at hand is barred by limitation laws & if the complainant has not paid the proper court fee.
3. While taking into account the facts of the case & position of law, the Hon’ble Court is prayed to satisfy itself, recording their valued reasoning in its Judgment / order that if the “principal allegations made by the complainant”, as outlined in the “points to be urged” against the opposite parties appears genuine & correct.

4. The Hon’ble Court is prayed to record in its Judgment / order, the scope & ambit of ‘these’ legal terms & phrases, which forms part of the statute laws and other applicable legal incidents in this case.
5. While taking into account the submissions of Complainant as contained in points .., the Hon’ble Court is prayed to record in its Judgment / order if the complainant has reasonably satisfied this Hon’ble Court about the due compliance of various ingredients / components of applicable section of law at hand, which brings home, either the right of the complainant or the guilt of the opposite party.

6. While taking into account the submissions of Complainant as contained in points .., the Hon’ble Court is prayed to satisfy itself, recording their valued reasoning in its Judgment / order whether facts of the case & supporting evidences indicates the infringement of rights of the complainant, in the light of the position of law.
7. While taking into account the submissions of Complainant as contained in points .., the Hon’ble Court is prayed to satisfy itself, recording their valued reasoning in its Judgment / order that if conduct of the opposite parties, in the matrix of facts of the case & settled position of law, indicates the frustration of enacted laws / indicates the failure of duties enjoined by law on them.

8. In the light of above satisfaction or the absence of satisfaction of this Hon’ble Court, the Hon’ble Court is prayed to decide & pass orders, interim / final, if the complainant party becomes entitle to the reliefs, as made out hereinafter.
9. XXXXXXX

10. YYYYYYY


Let me tell you that Justice dispensation appear much easy compared to other professions and occupations, save criminal trials & “Basic Structure Doctrine cases”, and yet giving of Justice has become a complication of simple things, for all mercies of law are cornered to defend wholesome illegalities, however beautifully crafted our colonial laws.
Let me finally tell you that there is no guarantee of Justice even if above path is religiously followed, remember our lethal weapon. And if you aspire to restrict the use of our this lethal weapon, tell your government to do two things- and they will not do it, is-

(1) Let all court proceedings be video recorded; and whereas

(2) An Indian Citizen gets eligible to Vote at age of 18, and therefore, he must know before 18 our democracy and how it functions. And so, the subject of Public Administration must be included as compulsory subject for all streams of Higher Education.
=============================================
Now coming back to my original spirit..
Sandeep Jalan (advocate)
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, Mumbai- 400056

http://commonlaw-sandeep.blogspot.com/2010/06/how-judges-decide-cases-may-be.html

 

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