What is Judgment Proper?

The judgment proper contains brief facts of the case or the rival contentions which are in controversy.

The practice in civil cases is to briefly state the contentions of the plaintiff or plaintiffs and the contentions of the defendant or defendants as found in the pleadings.

In the criminal cases, the usual practice is to state the case of the prosecution, the plea of Accused, an 3 outline sketch of the prosecution, oral and documentary evidence, and the defence; theory find place in this part.

After giving the brief particulars of the rival contentions, the judge states the issues thereon formulated, or the issues or points that arise from the rival contentions for the consideration of the court.

Thereafter, the judge discusses each point or issue in detail with reference to oral and documentary evidence of both the sides y and the oral and written submissions if any from both sides.

Under each point the judge decides the point in favour of one side or the other; and in case the judge y is not able to decide the point in favour of or against either side, which is a rarest of rare cases, the judge states the same at the conclusion of the discussion of each point.

After concluding all the points, the judge pronounces the final verdict on the basis of his conclusions on various issues, and the relief which has been granted by such judgment.

The judge signs the judgment thereafter in civil cases. In criminal cases, the judge shall sign every page of the judgment and not merely at the end of the judgment proper.

It would appear that the practice of many judicial 3 officers is to sign every page of the judgment whether it is a civil case or a criminal proceeding.