x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Despite winning 29 Assembly seats, BJP initiates internal inquiry to asses poll performance | Special train to chug between Srinagar, Jammu tomorrow | Firozpur Railway Division reorganized | PDD employee fires upon BJP youth leader | Pvt hospital leaves patients unattended in OT | Normalcy not fully restored in J&K yet: CM Omar Abdullah | GOC Sachdeva visits LoC, reviews preparedness | Medical seats can’t remain vacant: SC | Fog disrupts flight operations at Sgr Airport | Over 100 flights delayed in Delhi | NIA seizes land in terror case | Railway Board relaxes recruitment criteria | HC upholds PSA of terrorist | Ladakh border areas get digital connectivity | DLC approves 5 change of land cases use in Udhampur | Transformative Step | Altaf Bukhari demands helicopter services in snowbound remote areas for emergencies | Satish Sharma reviews preparedness of FCS&CA, Transport Department | CJI praises retiring SC Judge Justice Ravikumar as 'Humane And Noble Soul' | Vande Bharat Sleeper Trains to Redefine Long-Distance Rail Travel in India | DB directives in PIL on deaf, dumb population of Paralkote | Two J&K teachers to receive national award | Govt amends Foreign Trade Policy, 2023 for Stakeholder Consultation; encourages inclusive decision-making | IGNOU makes it mandatory for students seeking fresh admission to create DEB ID | Abhinav Anand president calls on Anand Jain (IPS) ADGP Jammu | Bovines smuggling attempt foiled in Udhampur | Two notorious drug peddlers arrested in Bishnah; heroin recovered | Bovine smuggling bid foiled: 7 rescued, vehicle seized | India always stood by Maldives: EAM Jaishankar | Smashing the cattle syndicate: Tough measures against bovine mafia | Samba police nabbed 2 drug peddlers | KVK Reasi imparts training on entrepreneurship development | Indian Army conducted coaching classes | Khelo India Athletes Shine in National Soft Tennis Championship | First ever National Integration Camp held | LPU makes history with MAKA Trophy first runner-up and major sports awards | Debates in dressing room should stay there: Gautam Gambhir | Army jawans, wrestler Sangram Singh to promote ''Fit India Sundays on Cycle'' | Nair in record books, Iyer ton fires Mumbai to big win in Vijay Hazare Trophy | Precise passers Odisha FC meet defensively resolute FC Goa | This could be a motivation for all Indian football coaches: Armando Colaco | Back Issues  
 
news details
Judges like architectural designers while deciding case: Chief Justice
4/13/2023 11:17:44 PM
Early Times Report
SRINAGAR, Apr 13: The Jammu and Kashmir Judicial Academy organized a one day interactive programme on "order/judgment writing, application of the law, sharing best practices and finding solutions to practical problems faced by them in justice delivery" for Civil Judges (Junior Division) of Kashmir Province.
The programme that was inaugurated by Chief Justice, High Court of J&K and Ladakh and Patron-in-Chief, J&K Judicial Academy, Justice N Kotiswar Singh, aims to provide a platform for Civil Judges to exchange ideas and share experiences as well as learn techniques from the experts in the field of law.
Yash Paul Bourney, Registrar Vigilance, High Court of J&K and Ladakh, M K Sharma, Director, J&K Judicial Academy and Jatinder Singh Jamwal, Special Judge, Anti-Corruption (CBI Cases), Srinagar were the resource persons for the programme.
Delivering the inaugural address, Chief Justice stated that it is the primary duty of a Judge to write judgement understandable by a litigant and not for the higher courts. All focus must be on the litigant who has come for justice, he said adding that judgement should be clear, lucid and with good reasoning. He said application of mind is important to make any decision because we are dealing with human sufferings. For a good judgement the facts of the case should be properly marshalled and the law should be applied with clear reasons for accepting or rejecting any claim of the litigant, he asserted.
Chief Justice emphasised that the judges are like architectural designers while deciding a case. Though in the criminal cases, charge-sheet is the basis for decision but the facts of the case must be taken care of while deciding the case, he added.
Justice Sindhu Sharma, Chairperson, J&K Judicial Academy, in her special address, while quoting a Greek Philosopher said that the qualities of a judge are to hear courteously, to answer wisely, to consider soberly and to decide impartially. She emphasised that while deciding a case and writing a judgment a judge must consider the arguments and claims put forth by the parties. Further quoting Justice H.K. Sema, former judge of Supreme Court of India, she said that Judgement is best when given with reasons. While quoting Justice R.C. Lahoti, former Chief Justice of India, she said that while writing a judgement don't go into the verbosity of the document.
She also deliberated that a litigant must understand that why a case is in his favour or against, that should come out from the judgement. The basic factors that should be considered, is to maintain integrity while passing a decision and it should not be influenced by any other matter even our own prejudices and biases. We have to consider the facts while writing a judgement that it should be based on the provision of law, the aspect on which we are doing and how we are going to write the judgement. Justice Javed Iqbal Wani, Member, J&K Judicial Academy, in his special address, citing the case of Barender Kumar Gosh said that the trial Judge quoted from the sonnet 'On His Blindness' of a famous English poet John Milton i.e., "They also serve who only stand and wait" while turning the plea of innocence of Barender Kumar Gosh in a robbery and murder case quoting that even if you were guard at the door still you were guilty of the crime for taking no action.
Justice Wani, citing another recent judgement of the Supreme Court of India, said while quoting Justice Roslyn Atkinson, former judge of the Supreme Court of Queensland, who had said that there are purposes for any judgement that is written, i.e., to spell out judges own thoughts; to explain your decision to the parties; to communicate the reasons for the decision to the public and to provide reasons for an appeal to consider. Every judgement has to have various basic elements such as statement of material (relevant) facts, legal issues or questions, deliberation to reach at decision and the ratio or conclusive decision, he added.
Director, J&K Judicial Academy, M.K. Sharma, in his welcome address, underscored the importance of organising this program. He said that writing judgments and orders is virtually an art and often varies from judge to judge as no form or format has been provided in law as to how judgments and orders should be written by the judges.
The day long interactive programme was divided into two technical sessions and an interactive session for feedback. The first technical session was chaired by Yash Paul Bourney, Registrar Vigilance and M.K. Sharma, Director, J&K Judicial Academy who analysed the art of order/judgment writing and application of the law.
The second technical session was chaired by Jatinder Singh Jamwal, Special Judge, Anti-Corruption (CBI Cases) who explained by Sharing best practices and finding solutions to practical problems faced by Civil Judges (Junior Division) in justice delivery. The interactive programme concluded with an interactive session during which the participants deliberated and discussed various aspects of the subject topic and raised queries which were satisfactorily settled by the resource persons.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU