Jurisprudence

  • Lord Neuberger: No Judgment – No Justice

    Lord Neuberger, the former President of the Supreme Court of the United Kingdom, discussed in the course of a lecture the importance of clearly written judgments: A second small change worth considering would be for more judges to give better guidance to the structure and contents of their longer Judgments. Some judges already provide a…

  • Justice M.M. Corbett – Writing a Judgment – Extract

    Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, in a lecture at an orientation course for new judges, recommended the following structure in writing a judgment which facilitates orderliness and produces a logical, flowing judgment: (a) An introductory section; (b) Setting out of the facts: (c) The law and the…

  • What should be the Content of the Judgment?

    “The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High…

  • SC on Difference Between Ratio Decidendi and Obiter Dicta

    The distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by several judgments of this Court, but we would like to refer to two, namely, State of Gujarat & Ors. vs. Utility Users’ Welfare Association & Ors. and Jayant Verma & Ors. vs. Union of India…

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