JAMMU AND KASHMIR HIGH COURT
Unknown Judge, J
Roop Chand v. State of J. and K. and Others
OWP No. 807/96
| Table of Content |
|---|
| 1. court examined statutory parameters for timber transportation. (Para 1 , 7 , 8) |
| 2. judgments require clear reasoning to maintain justice. (Para 3 , 4 , 5) |
| 3. writ court's decision lacked finality and necessary reasoning. (Para 6 , 9) |
1. Admit.
Issue fresh notice, Mr. S. K. Anand accepts notice on behalf of respondents.
1A. We have taken up the appeal for final hearing. Heard learned counsel for the parties.
The appeal is directed against the judgment of a learned single Bench passed in OWP No. 807/96 on 13-11-1998. The judgment of the learned single Judge from page one to page four is only reproduction of a Supreme Court finding passed in a case titled T. N. Godavarman Thirumulkpad v. Union of India , reported in 1997 (2) SCC 267 : AIR 1997 SC 1228. The only addition made by the learned single Judge is a prefacing sentence in the beginning and one towards the conclusion.
In the beginning, the writ Court introduces the case by stating as under : -
"The petitioner submits that he be issued requisite permission to deal with the timber. It be seen that the matter now stands covered by the decision given by the Supreme Court of India in the case reported as ' T. N. Godavarman Thirumulkpad v. Union of India , ."
Then towards the conclusion the learned single Bench holds as under : -
"This petition is disposed of with a direction that respondents would take notice of the directions given by the Supreme Court and take further action as per directions given by the Supreme Court.
In case any adverse order is passed then the petitioner would be at liberty to challenge again."
2. Except the above reproduced paras the writ Court does not say anything but only reproduces the Supreme Court judgment. The above facts make it necessary for us to outline the salient features which a judgment must have. The term judgment has been defined in sub-sec. (9) of S.2 of Code of Civil Procedure (hereinafter referred to as the Code) which reads as under : -
"Judgment means the statement given by the Judge of the grounds of a decree or an order."
'Order' in terms of sub-sec. (14) of S.2 has been defined as : -
"Order formal expression of any decision of a civil Court which is not a decree." Similarly the word 'Decree' under S.2(2) has been defined as under: -
"Decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within S.144, but shall not include: -
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default."
Thus a conjoint reading of these definitions brings us to the conclusion that a judgment is a statement of grounds given by a Judge in support of his formal expressions of an adjudication, which must conclusively determine the rights of the parties, projected through the pleadings.
O.20 of the Code lays down the procedure for drawing of judgments. Under sub-rule (2) of R.4 of the Code, judgments of Courts other than small cause Courts are required to contain a concise statement of case, the points for determination, the decision there on and reasons for such decision.
Same pattern is adopted by J and K High Court Rules. R.57, Sub-rule (3) of J and K High Court Rules adopts the four ingredients of R.4 of O.20 supra and lays down as under : -
"57(3) : A judgment shall contain a concise statement of case, the points for determination, the decision there on and the reasons for such decision."
3. Reading the definition clauses with O.20, R.4 of the Code and R.57(3) of the J and K High Court Rules, we come to the conclusion that a judicial finding must satisfy the following conditions : -
1. It must be a formal expression of opinion;
2. The expressions should relate to the adjudication of rights
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