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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).
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