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Tag: Judiciary Antics

Vijay Kumar and Ors Vs State of Rajasthan on 08 Jan 2026

Posted on January 9 by ShadesOfKnife

A division bench of Supreme Court was ‘surprised‘ for the delays in disposing petitions by High Courts, after granting relief of stay… hehe…

It is funny these Judges were earlier High Court judges and they know all to very well, why.

From Para 15,

15. The Criminal Revision Petition filed by the petitioners in the year 2003 came to be taken up for hearing by the learned Single Judge of the High Court on 24-8-2023, i.e., after about 20 years.

From Paras 21-25,

“21. We would like to know first and the foremost why it took 23 years for the High Court to take up the Criminal Revision Petition filed by the petitioners for hearing, more particularly when the subject matter of challenge in the Criminal Revision Petition was an order framing charge in a very sensitive and serious trial like one of dowry death.”

“22. We would like to examine the entire record of the proceedings. We are saying so because we are perturbed by the fact that despite an interim relief operating, why the matter was not taken up for hearing at the earliest.”

23. “We direct the Registrar General of the High Court of Rajasthan to forward the entire record with all the order sheets by a Special Messenger to this Court at the earliest.”

24. “We would also like to know from the Registrar General of the High Court as to how many Criminal Revision Petitions came to be heard and disposed of between 2001 and 2026. We want the High Court to provide us with a break up of how many criminal revision petitions were filed in the year 2001 and how many came to be disposed of. We want this break up right up to the year 2026.”

25. “We would also like to know how many times the Criminal Revision Petition filed by the petitioners – herein in the High Court was notified for hearing from the date of its filing till the date it came to be dismissed.”

From Paras 26 and 27,

26. We would also like to know from the State as to what steps it took as the prosecuting agency to get the Criminal Revision Petition filed by the petitioners heard at the earliest.
27. Why during this interregnum period of 23 years, the State of Rajasthan kept quiet and did not take any steps to get the Criminal Revision Petition heard and decided on merits.

From Paras 29 and 30,

29. If criminal trials in such serious offences remain pending for years together on the strength of interim orders passed by the High Courts, it would lead to nothing but mockery of justice. Justice has to be done with all the parties. Justice cannot be done only with the accused persons. Justice has to be done even with the victim and the family members of the victim. Injustice anywhere is a threat to justice everywhere.
30. In this regard, we request the Chief Justices of all the High Courts to ensure that the petitions wherein interim orders are passed holding up the trials should be immediately taken up for hearing, more particularly in sensitive and serious matters like murder, dowry death, rape etc.

From Para 35,

35. Let a copy of this order be transmitted to Secretary Generals/Registrar Generals of all the High Courts so as to have the same placed before the Hon’ble Chief Justices.


Next hearing on 15-1-2026.


Vijay Kumar and Ors Vs State of Rajasthan on 08 Jan 2026

Index of Judgments pertaining to Right to Speedy Trial here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Judiciary Antics Right to Speedy Trial Vijay Kumar and Ors Vs State of Rajasthan | Leave a comment

Rajesh Kumar Vs Nutan Devi on 18 Feb 2025

Posted on October 6, 2025 by ShadesOfKnife

A single judge of Patna High Court directed to enhance Maintenance amount at 5% annually.

From Paras 16-20,

16. However, I find that undisputedly the petitioner-husband was getting monthly salary of Rs. 30,000/- at the time of filing the maintenance petition and out of Rs. 30,000/-, award of Rs. 15,000/- per month towards maintenance is excessive.
17. Hence, the impugned order is modified by reducing the amount of maintenance @ Rs. 9,500/- per month, payable by the husband to his wife since the date of filing the maintenance petition.
18. However, this rate of maintenance will be subject to increment @ 5% per annum from today. In other words, after one year from today, the amount of the maintenance will be increased by 5% of maintenance and this increment will keep going on in the month of February every year and this maintenance will be permissible to the wife till she remarries.
19. The husband is having higher salary at present. But the number of dependents has also increased, because he has one additional legally wedded wife and one daughter born out of the wedlock with the new wife and as per statement of the learned counsel for the petitioner-husband, even second child is expected in a few months. Hence, increment of maintenance @ 5% per annum would be sufficient in the interest of justice.
20. It further transpires that during the pendency of this petition, petitioner-husband has made some payment. Hence, the petitioner-husband is also directed to pay up the whole arrear amount after setting off the payment already made towards maintenance, within the next two months by way of bank draft. In case, the arrear is not paid, it will be treated as a contempt of Court and the petitioner-husband would be dealt with accordingly.

Rajesh Kumar Vs Nutan Devi on 18 Feb 2025

Index of Maintenance Judgments under Sec 144 BNSS is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Rajesh Kumar Vs Nutan Devi | Leave a comment

Prakash Dheple Vs Vithabai and Anr on 10 May 2024

Posted on October 6, 2025 by ShadesOfKnife

A single judge of Aurangabad Bench of Bombay High Court directed to Impose interest of Maintenance arrears.

From Para 9,

9. No doubt there is an evidence of income of respondent no.1 that she is getting salary of Rs.3,500/- from that job, but when an amount of maintenance, which was granted earlier to the respondents is considered. It is meager amount of Rs. 1500/- and Rs. 2000/- p.m. It was not possible for them to maintain themselves out of it. Therefore, merely because she is doing a job in private Company the applicant who is able bodied husband and father cannot be exonerated from the liability to pay the maintenance. The proceeding under section 125 of the Cr.P.C. is a summary proceeding. On this ground suppressing material fact does not extinguish right of maintenance. It is not an equitable relief which disentitles the persons who are not coming before the Court with clean hands. The learned trial Court has considered the earlier maintenance amount. The learned trial Court has considered the facts situation of both the sides, their status and needs. The learned trial Court has also considered the prices of the essential commodities which have gone high. Even though respondent no.1 is earning some amount, it is not shown that it is more than sufficient amount to her. Further merely because the wife is earning the husband cannot be exonerated from the liability to pay the maintenance amount. Therefore, in view of the judgment of the Hon’ble Supreme Court in the case of Rajnesh Vs. Neha and another reported in (2021) 2 SCC 324, though the respondent no.1 has not disclosed the fact that she is earning some amount by doing such a job, she cannot be held liable for giving a false evidence under section 340 of the Cr.P.C. If such course is adopted then it has to be adopted against applicant/husband and wife in each and every case, who are concealing such fact and showing that they are not having source of income.

From Para 12,

12. The applicant has challenged two proceedings of maintenance in this Revision Application. Therefore, also revision is also not maintainable. Revision Application, therefore, sans merit and it deserves to be dismissed with costs of Rs.5,000/- (Rs. Five Thousand Only) with @ 9% p.m. interest. It is because respondents must have incurred some amount for contesting this revision. The trial Courts are not awarding interest on maintenance amount. There is no any legal ban to award interest on that amount of maintenance. The husbands or fathers are many a times are not depositing the arrears of maintenance for years together. They have no fear or burden to payment of interest on that amount of maintenance. It is a serious legal mischief in mischief. Section 125 of the CrPC does not prohibit towards maintenance. Therefore, Courts of District Judiciary are expected to award interest on the amount of maintenance, so that these weaker sections of the society will get their maintenance amount expeditiously. It will serve the purpose of speed justice. Thus, in order to secure their rights fully, effectively and speedily which is an object of justice interest must be awarded which is rationally expected. Their amount of maintenance shall not remain in the hands of the other side which deprives them for maximum period from it. Thus, it is now mandatory to award interest on the amount of maintenance for that this judgment shall be circulated to the District Judiciary of Maharashtra.

Prakash Dheple Vs Vithabai and Anr on 10 May 2024

Index of Maintenance Judgments under Sec 144 BNSS is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Prakash Dheple Vs Vithabai and Anr | Leave a comment

Shaurabh Kumar Tripathi Vs Vidhi Rawal on 19 May 2025

Posted on August 23, 2025 by ShadesOfKnife

A division bench of Apex Court held that, ‘High Court can exercise jurisdiction under Section 482 of the CrPC to quash proceedings of an application under Section 12(1) or orders passed in accordance with Sections 18 to 23 of the DV Act, 2005.‘.

From Para 32,

32. The second part of Section 482 saves the inherent power of the High Court to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. Therefore, in a given case where a learned Magistrate is dealing with an application under Section 12(1), the High Court can exercise the power under the second part of Section 482 to prevent abuse of the process of any Court or to secure the ends of justice. Hence, the High Court can exercise jurisdiction under Section 482 of the CrPC to quash proceedings of an application under Section 12(1) or orders passed in accordance with Sections 18 to 23 of the DV Act, 2005.

From Para 35,

35. When it comes to exercise of power under Section 482 of the CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation specially enacted to give justice to those women who suffer from domestic violence and for preventing acts of domestic violence. Therefore, while exercising jurisdiction under Section 482 of the CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect. Interference can be made only when the case is clearly of gross illegality or gross abuse of the process of law. Generally, the High Court must adopt a hands-off approach while dealing with proceedings under Section 482 for quashing an application under Section 12(1). Unless the High Courts show restraint in the exercise of jurisdiction under Section 482 of the CrPC while dealing with a prayer for quashing the proceedings under the DV Act, 2005, the very object of enacting the DV Act, 2005, will be defeated.

From Para 38, (Introspection!)

38. Before we part with this Judgment, we must mention here that one of us (Abhay S. Oka, J) is a party to a Judgment dated 27nd October, 2016 of the Bombay High Court in Writ Petition 2473 of 2016 in which the view taken is that remedy under Section 482 of the CrPC is not available for quashing the proceedings under Section 12(1) of the DV Act,2005. This view was found to be incorrect by a full Bench of the same High Court. As judges, we are duty-bound to correct our mistakes in properly constituted proceedings. Even for Judges, the learning process always continues.

From Para 39,

39. To conclude, the view taken in the impugned order of the High Court that a petition under Section 482 of the CrPC for challenging the proceedings emanating from Section 12(1) of the DV Act, 2005 is not maintainable, is not the correct view. We hold that High Courts can exercise power under Section 482 of CrPC (Section 528 of the BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the DV Act, 2005, pending before the Court of the learned Magistrate. However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection when dealing with an application under Section 12(1). Normally, interference under Section 482 is warranted only in the case of gross illegality or injustice.

Shaurabh Kumar Tripathi Vs Vidhi Rawal on 19 May 2025

Citations: [2025 INSC 734]

Other sources:

https://indiankanoon.org/doc/110752030/

https://www.casemine.com/judgement/in/682bfd4dcb7d8775a7b83f4e

https://testbook.com/recent-judgements/shaurabh-kumar-tripathi-vs-vidhi-rawal


Index of DV Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 – DVC Proceeding Quashed Judiciary Antics Reportable Judgement or Order Shaurabh Kumar Tripathi Vs Vidhi Rawal | Leave a comment

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Posted on December 23, 2023 by ShadesOfKnife

Following his own decision here, Justice S.R.K. Prasad of AP High Court, held as follows,

From Para 4,

4. Adverting to the same, I have perused the record.
The contention of the revision petitioners that the revision petitioners presented the written arguments, appears to be correct. The Rent Control Appellate Court has failed to consider the written arguments presented on behalf of landlords before the Court. This Court has observed at Paragraph 6 in the decision referred above which is as follows:
“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.”
The written arguments were not considered. One should remember that the Courts existed for rendering justice in accordance with law, but not in accordance whims and fancies. In case the material placed by the Counsel, is ignored, the litigant public who approaches the Courts with fond hope of getting justice, will lose confidence in the judicial system. Judges must keep in kind that it is their duty to go through the written arguments, advert to them and refer them in the course of the judgment by giving answers. In the present case, the written arguments are not adverted to. When the Judge does not mind through the written arguments and advert to the same in the judgment, it cannot be said that fair hearing has been given by the Judge. In such cases, the revisional authority has to correct the mistake committed by the Appellate Authority and the things have to be put in order. Two options are open for this Court viz., (1) the revisional Court has to take the burden of rehearing the entire matter and arrive at the conclusion and render the justice (2) the revisional Court has to send back the matter to the Appellate Judge for reconsideration.

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Citations:

Other Sources:

https://indiankanoon.org/doc/1249841/

https://www.casemine.com/judgement/in/5608f84de4b0149711141f93

https://www.courtkutchehry.com/Judgement/Search/t/930117-kamisetty-pedda-venkata-subbamma-and?s=Kamisetty%20Pedda%20Venkata%20Subbamma&refine_search=&s_acts=

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 314 - Oral arguments and memorandum of arguments G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam Judiciary Antics Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah Legal Procedure Explained - Interpretation of Statutes | Leave a comment

G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam on 21 Feb 2003

Posted on December 22, 2023 by ShadesOfKnife

A single judge bench of AP High Court held as follows,

From Paras 6 and 7,

6. 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 statute 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 system. 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.

7. In the result, the Civil Revision Petition is allowed. The judgment of the Land Reforms Appellate Tribunal in L.R.A No. 13 of 1992 is set aside. The matter is remitted back to the appellate Tribunal for fresh consideration. It shall consider every point raised in the written arguments by traversing through the necessary material namely evidence including oral and documentary and give answer to every point and adjudicate the same as expeditiously as possible. Both the parties are directed to appear before the appellate Tribunal on 1.4.2003. In view of the direction for their appearance, there is no need to issue a fresh notice to both the parties. Costs shall abide by the result of the appeal.

G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam on 21 Feb 2003

Citations: [(2003) 02 AP CK 0073], [2003 (3) ALT 127], [2003 (1) LS 324]

Other Sources:

https://indiankanoon.org/doc/17028650/

https://www.casemine.com/judgement/in/56b48cbc607dba348ffee82e

https://lextechsuite.com/G-JAYA-RAO-VERSUS-STATE-OF-AP-2003-02-01

https://www.courtkutchehry.com/Judgement/Search/t/947782-g-jay-rao-vs-state


This was followed in this subsequent case here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 314 - Oral arguments and memorandum of arguments G.Jaya Rao Vs State of A.P. Land Reforms Srikakulam Judiciary Antics Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Yogeeta Chandra Vs State of Uttar Pradesh and Anr on 20 Feb 2023

Posted on February 28, 2023 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 4,

4. In the application form, the applicant, who applied for the post of a judicial officer did not disclose the aforesaid particulars and on the contrary said “No”. That thereafter, on the ground of suppression of facts and not disclosing the true and correct facts in the application form, the services of the appellant as a judicial officer were put to an end by the Full Court of the High Court, which came to be confirmed on the judicial side, which has given rise to the present appeals.

From Para 6,

6. In the application form, the applicant, who, as such, applied for the post of a judicial officer was required to disclose certain facts, more particularly, the facts stated in Clause 18 of the Application Form and non-disclosure of true facts and not only that but saying “No” can certainly be said to be suppression of material facts. It was immaterial whether there was a closure report or acquittal or conviction. At this stage, it is required to be noted that the particulars which were asked, whether “did you ever figure as an accused or a complainant in any criminal case? If so, give particulars with result.” Therefore, the factum of figuring the name either as an accused or a complainant in any criminal case was required to be disclosed with full particulars and with result. Therefore, the appellant cannot take the plea and/or defence that as a Closure Report was filed in the complaint in which she was the accused, the same was not required to be disclosed. On the basis of the nature of the allegations in the complaint either as an accused or a complainant, it is ultimately for the employer to take a conscious decision whether to appoint such a person or not. What could be considered while actually appointing a person depends upon the facts and circumstances of each case and it is ultimately for the employer to take a conscious decision. The post which was applied by the appellant was a very important post of judicial officer and therefore, it was expected of a person who applied for the judicial officer to disclose the true and correct facts and give full particulars as asked in the application form. If in the application form itself, she has not stated the true and correct facts and suppressed the material facts, what further things can be expected from her after she was appointed as a judicial officer.

Yogeeta Chandra Vs State of Uttar Pradesh and Anr on 20 Feb 2023

Citations :

Other Sources :

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order | Leave a comment

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Posted on October 16, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows, while referring to importance of quality of reasoned orders/judgments.

From Paras 15 and 16,

15. Judicial determination has to be seen as an outcome of a reasoned process of adjudication initiated and documented by a party based, on mainly events which happened in the past. Courts’ clear reasoning and analysis are basic requirements in a judicial determination when parties demand it so that they can administer justice justly and correctly, in relation to the findings on law and facts. Judicial decision must be perceived by the parties and by the society at large, as being the result of a correct and proper application of legal rules, proper evaluation of the evidence adduced and application of legal procedure. The parties should be convinced that their case has been properly considered and decided. Judicial decisions must in principle be reasoned and the quality of a judicial decision depends principally on the quality of its reasoning. Proper reasoning is an imperative necessity which should not be sacrificed for expediency. The statement of reasons not only makes the decision easier for the parties to understand and many a times such decisions would be accepted with respect. The requirement of providing reasons obliges the judge to respond to the parties’ submissions and to specify the points that justify the decision and make it lawful and it enables the society to understand the functioning of the judicial system and it also enhances the faith and confidence of the people in the judicial system.
16. We are sorry to say that the judgment in question does not satisfy the above standards set for proper determination of disputes. Needless to say these types of orders weaken our judicial system. Serious attention is called for to enhance the quality of adjudication of our courts. Public trust and confidence in courts stem, quite often, from the direct experience of citizens from the judicial adjudication of their disputes.

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Reportable Judgement or Order State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors | Leave a comment

State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022

Posted on August 25, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 10,

10. The judgment of the Division Bench of the High Court of Himachal Pradesh is incomprehensible. This Court in appeal found it difficult to navigate through the maze of incomprehensible language in the decision of the High Court. A litigant for whom the judgment is primarily meant would be placed in an even more difficult position. Untrained in the law, the litigant is confronted with language which is not heard, written or spoken in contemporary expression. Language of the kind in a judgment defeats the purpose of judicial writing. Judgment writing of the genre before us in appeal detracts from the efficacy of the judicial process. 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 Courts and the Supreme Court also serve as precedents to guide future benches. A judgment must make sense to those whose lives and affairs are affected by the outcome of the case. While a judgment is read by those as well who have training in the law, they do not represent the entire universe of discourse. Confidence in the judicial process is predicated on the trust which its written word generates. If the meaning of the written word is lost in language, the ability of the adjudicator to retain the trust of the reader is severely eroded.
11. We are constrained to remit the proceedings back to the High Court for consideration afresh. The judgment of the High Court is simply incomprehensible leaving this Court with no option than to remand the proceedings. The High Court must appreciate the delay and expense occasioned as a consequence and must make an effort to record reasons which are understood by all stake-holders.

From Para 13,

13. Amidst an overburdened judicial docket, a view is sometimes voiced that parties are concerned with the outcome and little else. This view proceeds on the basis that parties value the outcome and not the reasoning which constitutes the foundation. This view undervalues the importance of the judicial function and of the reasons which are critical to it. The work of a judge cannot be reduced to a statistic about the disposal of a case. Every judgment is an incremental step towards consolidation and change. In adhering to precedent, the judgment reflects a commitment to protecting legal principle. This imparts certainty to the law. Each judgment is hence a brick in the consolidation of the fundamental precepts on which a legal order is based. But in incremental steps a judgment addresses the need to evolve and to transform by addressing critical issues which confront human existence. Courts are as much engaged in the slow yet not so silent process of bringing about a social transformation. How good or deficient they are in that quest is tested by the quality of the reasons as much as by the manner in which the judicial process is structured.

From Paras 16, 17 and 18,

16. A judgment culminates in a conclusion. But its content represents the basis for the conclusion. A judgment is hence a manifestation of reason. The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn. That is why reasons are crucial to the legitimacy of a judge’s work. They provide an insight into judicial analysis, explaining to the reader why what is written has been written. The reasons, as much as the final conclusion, are open to scrutiny. A judgment is written primarily for the parties in a forensic contest. The scrutiny is first and foremost by the person for whom the decision is meant – the conflicting parties before the court. At a secondary level, reasons furnish the basis for challenging a judicial outcome in a higher forum. The validity of the decision is tested by the underlying content and reasons. But there is more. Equally significant is the fact that a judgment speaks to the present and to the future. Judicial outcomes taken singularly or in combination have an impact upon human lives. Hence, a judgment is amenable to wider critique and scrutiny, going beyond the immediate contest in a courtroom. Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law. Judgment writing is hence a critical instrument in fostering the rule of law and in curbing rule by the law.
17. Judgment writing is a layered exercise. In one layer, a judgment addresses the concerns and arguments of parties to a forensic contest. In another layer, a judgment addresses stake-holders beyond the conflict. It speaks to those in society who are impacted by the discourse. In the layered formulation of analysis, a judgment speaks to the present and to the future. Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue. If a judgment does not measure up, it can be critiqued and criticized. Behind the layers of reason is the vision of the adjudicator over the values which a just society must embody and defend. In a constitutional framework, these values have to be grounded in the Constitution. The reasons which a judge furnishes provides a window – an insight – into the work of the court in espousing these values as an integral element of the judicial function.
18. Many judgments do decide complex questions of law and of fact. Brevity is an unwitting victim of an overburdened judiciary. It is also becoming a victim of the cut-copy-paste convenience afforded by software developers. This Court has been providing headings and sub-headings to assist the reader in providing a structured sequence. Introduced and popularized in judgment writing by Lord Denning, this development has been replicated across jurisdictions.

From Paras 20, 21, 22, 23 and 24,

20. It is also useful for all judgments to carry paragraph numbers as it allows for ease of reference and enhances the structure, improving the readability and accessibility of the judgments. A Table of Contents in a longer version assists access to the reader.
21. On the note of accessibility, the importance of making judgments accessible to persons from all sections of society, especially persons with disability needs emphasis. All judicial institutions must ensure that the judgments and orders being published by them do not carry improperly placed watermarks as they end up making the documents inaccessible for persons with visual disability who use screen readers to access them. On the same note, courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. They should not be scanned versions of printed copies. The practice of printing and scanning documents is a futile and time-consuming process which does not serve any purpose. The practice should be eradicated from the litigation process as it tends to make documents as well as the process inaccessible for an entire gamut of citizens.
22. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the “Issue, Rule, Application and Conclusion‟ are easily identifiable. The well-renowned “IRAC‟ method generally followed for analyzing cases and structuring submissions can also benefit judgments when it is complemented by recording the facts and submissions.
23. The “Issue” refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment. The „Rule‟ refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the “Application‟ section.
24. Finally, it is always useful for a court to summarize and lay out the “Conclusion‟ on the basis of its determination of the application of the rule to the issue along with the decision vis-à-vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case.

Finally from Para 27,

27. While we have laid down some broad guidelines, individual judges can indeed have different ways of writing judgments and continue to have variations in their styles of expression. The expression of a judge is an unfolding of the recesses of the mind. However, while recesses of the mind may be inscrutable, the reasoning in judgment cannot be. While judges may have their own style of judgment writing, they must ensure lucidity in writing across these styles.

State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed Judiciary Antics Reportable Judgement or Order State Bank of India and Anr Vs Ajay Kumar Sood | Leave a comment

Gopika Jayan and Anr Vs Faisal on 22 Jun 2022

Posted on June 29, 2022 by ShadesOfKnife

A division bench of Kerala High Court, issued notices to Police and Judicial officers, in a Contempt Case against them.

From Para 1,

1. The afore captioned Contempt of Court case has been instituted alleging patent and flagrant violation of the directives and guidelines issued by the Apex Court in the Celebrated case Arnesh Kumar Vs. State of Bihar (2014(8) SCC 273)=2014 (3) KLJ 330.

From Para 6,

The case papers produced in this contempt petition do not show any application of mind. On the other hand, Annexure A1 FIR and Annexure A8 FIS were registered on 21.01.2022 at 8 pm on the premise of a mere man missing report in regard to the first petitioner. No allegation of deliberate abandonment or desertion of the child has been made even in Annexure A8 email. It was later that false allegations were raised that the first petitioner had deliberately abandoned the child and the respondent Police Officer has without any application of mind and without satisfying himself on the basis of any objective enquiry has sought for the arrest and remand of the petitioners. When the petitioners were called to the Police Station,
they were on the bonafide belief that the FIR was registered only as a man missing report under Section 57 of the Kerala Police Act. The respondent Police Officer had never properly apprised the petitioners that the offence has been duly altered and the records do not show as to how the respondent Police Officer was satisfied that the case involves deliberate and premeditated abandoning of the child in the facts and circumstances of this case. Further, neither the mother of the first petitioner, nor the Police authorities have any case that the 1st petitioner has at any prior point of time abandoned the child on any previous occasion. From the abovesaid aspects apprised to us by the learned Counsel for the petitioners, we see that a 22 year old young working lady and her colleague have been arrested and remanded at the instance of the respondent Officer. Prima facie, we would also observe in the same breadth that though, the first petitioner had given a statement before the learned Magistrate in terms of Annexure A6, the learned Magistrate has not taken into consideration those aspects regarding the harassment said to have been meted out to her by her so called step father and has not cared to make any proper satisfaction as to whether the case of deliberate and premeditated abandonment of the child is made out. This we say so in view of the first proviso to Section 75 of the JJ Act. Direction no.8 in Paragraph 14 of Arnesh Kumar’s case (supra) would also concede that authorizing detention without recording proper reasons as aforesaid by the Judicial Magistrate concerned shall also be liable for Departmental action by the appropriate High Court etc. It is by now, well established as an elementary proposition of criminal jurisprudence as can be seen from a reading of Arnesh Kumar’s case (supra), D.K.Basu Vs. State of West Bengal, [AIR 1997 SC 610], as well as Jogindar Kumar V. State of UP & Ors. [(1994) 4 SCC 260], that no arrest can be made merely because it is lawful for the Police Officer to do so and the existence of the power to arrest is one thing and justification of the exercise of it is quite another and no arrest shall be made without reasonable satisfaction reached after some investigation about the genuineness and bonafides of a complaint and a reasonable belief that both as per the person’s complicity and even as to the necessity to arrest that person and denial of liberty is a serious matter, etc. These aspects of the matter have also been referred to in the celebrated decisions of the Apex Court in D.K. Basu’s case [AIR 1997 SC 610] and Joginder Kumar Vs. State of UP [AIR 1994 SC 1349].

From Para 8, Conclusion.

8. Accordingly, it is ordered that the Contempt of Court case will stand admitted. Issue notice to the respondent Officer, which shall be served on him through the Commissioner of Police, KochiCity. In case the respondent Officer is not available in the abovesaid address, then notice process shall be duly completed by affixture, in the presence of witnesses and report in that regard shall be duly given to this Court within three days.

From Para 9,

9. The Registrar General will forthwith call for a report from the learned Judicial First Class Magistrate, who has rendered Annexure A7 remand order dated 03.02.2022 on Crime No.44/2022 of Elamakkara Police Station, Ernakulam, as to how he could reach reasonable satisfaction, based on the parameters laid down by the Apex Court in the aforesaid decisions and the applicable legal principles and as to why the arrest and remand of both these accused persons was highly imperative. So also, it shall be explained as to how he has ordered that A1 (1st petitioner) is remanded to the District Jail, Kakkanad and A2 (2nd petitioner) is remanded to the Judicial custody to Borstal School, Kakkanad.
10. The Registrar General will forward a copy of the memorandum of this Contempt Petition with all the Annexures thereto as well as the additional documents to the learned Magistrate, who shall submit his explanation within two weeks from the date of receipt of a communication in that regard by the Registrar General.

Gopika Jayan and Anr Vs Faisal on 22 Jun 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnesh Kumar Vs State Of Bihar and Anr Catena of Landmark Judgments Referred/Cited to D.K. Basu Vs State of West Bengal Gopika Jayan and Anr Vs Faisal Judiciary Antics Juvenile Justice Act Section 75 - Punishment for Cruelty to Child Juvenile Justice Act Section 87 - Abetment Landmark Case Police Antics | Leave a comment

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