Judgment: Meaning, Definition and Essentials of Judgment

1) Meaning and Definition of Judgment - 

            According to Section 2(8) of the Code of Civil Procedure, "Judge" means the presiding officer of a Civil Court, Whereas Section 2(9) defines Judgment, - "judgment" means the statement given by the judge of the grounds of a decree or order.  "foreign judgment" means the judgment of a foreign Court.

2) Pronouncement of judgment - 

 The Court shall pronounce the judgment in open court after the case has been heard. The judgment may be pronounced immediately after the hearing is covered or on such future date.  The judgment the Court shall determine the points of consideration and the court shall record its findings in all those points.

3) Essentials of judgment - every judgment should contain - 

(a)  a concise statement of the case

(b)  the points for determination

(c)  the decision thereon, and

(d)  the reasons for such decision

      Balram Taneja Vs Sunil Madan AIR 1999 SC 3381,  in this case, the Supreme court held that a cannot merely say 'suit decreed' or 'suit dismissed'. The whole process of reasoning has to be set out for deciding the case one way or the other. The judgment need not, however, be a decision on all the issues in a case. Thus, an order deciding a preliminary issue in a case, for example - constitutional validity of a statute, is a judgment.

4) Alteration of judgment - 

                 Generally, once the judgment is pronounced, but there are certain exceptions which are as follows -

(1)  mistake Apparent on the face of it

(2)  in case of review

(3)  clerical or arithmetical mistakes

5) Amendment of judgments, decrees or orders - 

       According to Section 152 of the Code of Civil Procedure, Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

 6) Requisites of a judgment - 

 (a) the time of the pronouncement of a judgment, it shall be dated and signed by the judge in the open court.

(b)  the judgment of small causes Court may contain only the points for determination and the decision on such points.

 (c) In the case of the judgment of other Courts, the judgment shall contain the concise statement of the case, the points for determination and the decision on search points and the reason for such Decision.

(d)  Decision on which issue must be given separately

(e)  the material evidence on each issue must be set out in each judgment.

(f)  the reasons must be recorded for answering all such issued.

             If the judgment does not contain all above-mentioned elements such judgments are invalid.

See also...

1.  Restitution (Section 144 of civil procedure code)

2. Adverse possession (Section 27 of Limitation Act)

3. Cause of Action (Civil Procedure Code 1980)

4. Summary Suits : Provisions regarding Summary Suit (Order 37 of the Civil Procedure Code)

5. Components of the Criminal Justice System | Criminal Law