Judicial Dictionary



Title Judgment
Details

Judgment means the statement given by the judge of the grounds of a decree or order.
The essential element of a judgment is that there should be a statement of the grounds of the decision. Every judgment other than of a court of small causes 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. A judgment of a court of Small Causes may contain only points (b) and (c).
In the words of Vivian Bose, J., a judgment may be said to be “the final decision of the court intimated to the parties and to the world at large by formal ‘pronouncement’ or ‘delivery’ in open court”. That every judgment must be read as applicable to the particular facts proved or annexed to be proved since the gener¬ality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. ….. [ Ful Chand Das Vs. Mohammad Hammad (1982) 34 DLR (AD) 363]
See, Sonali Bank v. Al- Akram, (46 DLR) 671, SI Chowdhury Trwlerr Ltd. V. Sirajul Islam (2000 BLD) 347, Sk. Abdullah v. Behari lal, (AIR 1926) Lah 638.
Also See, Ss 2(9), 151, 152 and Order 20 of C.P.C 1908, Rule 164,167 Chapter 9, Part 1, High Court’s Rules and Orders, (Civil Volume 1).