What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s

Precedent (Definition, Merits and Demerits)

Definition of Precedent :-

A previous instance or case which is or may be taken as an example or rule for subsequent cases or by which some similar act or circumstance may be supported or justified.

Merits of Precedent :-

1) Precedent bring about  scientific development of law.
2) Precedent bring logical perfection in law and put law inform of principles.
3) Precedent guide judges and consequently they are prevented from committing mistakes which they would have committed in the absence of the precedent.
4) Precedent are based on customs. 
5) Precedent the judges are prevented from any prejudice and partiality because precedent are binding on them.

Demerits of Precedent :-

1) A very serious demerit of the doctrine of the precedent is that sometimes an extremely erroneous decision is established as law due to not being brought before a superior court.
2) A great demerit of doctrine of precedent is that development of law depend on the incidents of litigation. Sometimes most important point may remain adjudicated because nobody brought action upon them.
3) Sometimes the conflicting decision of superior court throw the judge of lower court on the horns dilemma.
4) There is always a possibility of over looking authorities. The vastly increasing number of the cases have an over whelming effect on the judge and the lawyer. It is very difficult to trace out all relevant authorities on every point. There are instances where a decision might have being different if some precedent would not have been overlooked.

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