Chap 3

How to Read a Case?

Understanding the Basics:

• Parties: Identifying the parties in a case is crucial. The plaintiff (or petitioner) is the
one who brings the case to court, while the defendant (or respondent) is the one being
sued or challenged.
• Facts of the Case: Focus on the material facts—those that are legally significant to
the outcome. Understanding the context and facts is vital for grasping the legal
arguments.
• Legal Issues: After understanding the facts, pinpoint the legal issue(s) or questions
the court is asked to resolve. This helps frame the case's importance.
• Holding: The holding is the court’s final decision on the issue(s). It explains the
application of the law to the case.
• Reasoning: The reasoning is the judge’s explanation of how they applied legal
principles to the facts. Understanding this helps to see the court’s interpretation of the
law.

Reading Judgments:

• Start by reading the summary or syllabus of the judgment.

• Focus on the court's decision, also known as the holding, and the legal reasoning
that led to it.
• Pay attention to citations as they may direct you to other relevant cases or legal
principles.

2. Nature and Meaning of Judgments

Judgment Defined:

• A judgment is the final decision of the court resolving the legal dispute. It clarifies
the outcome and explains how the law applies to the facts.

Types of Judgments:

• Interim Judgments: Temporary decisions made during the course of legal

proceedings. They address immediate issues but do not conclude the case.
• Final Judgments: These conclude the case, resolving all legal issues.

Ratio Decidendi and Obiter Dicta:

• Ratio Decidendi: The legal principle or rule that forms the basis of the judgment and
is binding in future similar cases.
• Obiter Dicta: Comments made by a judge that are not essential to the decision. They
are persuasive but not binding on future courts.

3. Majority Opinion and Minority Opinion

Majority Opinion:

• The majority opinion is the decision supported by more than half of the judges
hearing the case. This becomes the binding legal rule for future cases.

Minority Opinion:

• The minority opinion, also known as the dissenting opinion, is written by judges who
disagree with the majority. While not binding, it can influence future judgments or be
used in legal arguments to challenge the majority view in subsequent cases.

4. Dissenting Opinion – Per Curiam Judgment – Overruled Judgment

Dissenting Opinion:

• A dissenting opinion is an expression of disagreement with the majority's decision.

Though it lacks legal authority, it is important because it offers an alternative view of
the law. Over time, dissents can gain influence and become the basis for future legal
changes.

Per Curiam Judgment:

• A per curiam judgment is a collective decision of the court, delivered without

identifying the specific judge who authored it. These judgments typically resolve
issues that don’t require extensive explanation or legal innovation.

Overruled Judgment:

• When a higher court reverses or overturns the ruling of a lower court, the earlier
judgment is said to be overruled. This happens when a higher court finds that the
lower court incorrectly applied or interpreted the law.

5. Search for Legal Materials

Legal Databases:

• Use online platforms like Westlaw, LexisNexis, Manupatra, and SCC Online to
search for case laws, statutes, and judicial decisions.
• Access official court websites for judgments, such as the Supreme Court of India or
High Courts portals.

Library Resources:

• Legal libraries house primary and secondary sources, such as statutes, case reporters,
and academic commentaries. These are invaluable for legal research.

6. Methods of Identifying and Locating Legal Material

Citation Search:
 • Legal materials are often cited using standard formats. Citations for judgments usually
follow a structured format that includes the case name, the reporter volume, and the
year (e.g., AIR 1973 SC 1461 for a Supreme Court case reported in the AIR).

Subject Search:

• Search for legal materials by focusing on specific subjects, like property law,
contract law, or criminal law. This approach is particularly useful in legal databases
and law libraries.

Keyword Search:

• Use specific legal terms or keywords to locate relevant cases or statutes (e.g., “habeas
corpus,” “constitutional validity”).

7. Primary and Secondary Sources

Primary Sources:

• Case Law: Judicial decisions are a fundamental source of law.

• Statutes: Laws enacted by legislative bodies, such as the Indian Penal Code (IPC)
or the Constitution of India.
• Regulations: Rules issued by government agencies.

Secondary Sources:

• Secondary sources interpret or analyze primary sources. These include legal

commentaries, journals, law review articles, and legal encyclopedias.

8. Types of Codes – Statutory Code, State Code, Index

Statutory Code:

• Statutory codes are compilations of statutes organized by subject matter. The Indian
Penal Code (IPC) is a prime example.

State Code:

• Each state may have its own set of laws, known as the State Code, which applies only
within that particular state.

Index:

• Legal indexes, such as the Digest of Indian Law, help in locating cases, statutes, and
regulations by topic.

9. Textbooks

Textbooks are secondary sources that provide in-depth explanations and analysis of specific
areas of law. They are authored by legal scholars and provide interpretations of case law,
statutory provisions, and legal principles. Examples include works on constitutional law,
contract law, or criminal procedure.

10. Legislative Reports

Legislative Reports explain the intention behind laws and provide context to statutory
provisions. These reports, such as those produced by parliamentary committees, are important
for interpreting ambiguous legal texts and understanding legislative debates.

11. AIR Manuals, Civil and Criminal Manuals, Local Acts

AIR Manuals:

• The All India Reporter (AIR) publishes case law from courts across India, organized
into annual volumes.

Civil and Criminal Manuals:

• These manuals provide a guide to legal procedures and rules for civil and criminal
cases. They include summaries of important case law and statutory provisions.

Local Acts:

• Local Acts apply to specific states or regions, addressing issues of local importance.
Examples include the Bombay Tenancy Act and the Tamil Nadu Shops and
Establishments Act.

12. Law Commission Reports – NHRC, NCW, NMC, and SHRC Reports

Law Commission Reports:

• These reports provide recommendations for legal reforms and are often used to inform
new legislation. The Law Commission of India regularly publishes reports on topics
such as judicial reforms, family law, and cybercrime.

NHRC Reports:

• The National Human Rights Commission (NHRC) reports on violations of human

rights and suggests reforms to improve the legal system’s handling of human rights
issues.

NCW Reports:

• The National Commission for Women (NCW) publishes reports focusing on the
protection of women's rights and the need for reforms in laws concerning gender
justice.

NMC and SHRC Reports:

 • NMC (National Medical Commission) reports focus on ethical and legal issues in
the healthcare sector, while SHRC (State Human Rights Commissions) reports
address human rights issues at the state level.

13. Evidence – Importance and Kinds

Importance of Evidence:

• Evidence is the cornerstone of legal proceedings. Without proper evidence, it is

impossible to prove or disprove facts in a court of law.

Kinds of Evidence:

• Direct Evidence: Evidence that directly proves a fact, such as an eyewitness

testimony.
• Circumstantial Evidence: Evidence that suggests a fact is true based on inference
(e.g., fingerprint analysis).
• Expert Evidence: Opinions provided by experts in a specific field, such as forensic
scientists or medical professionals.
• Hearsay Evidence: Evidence based on what someone else has said, which is usually
inadmissible unless it falls under certain exceptions.
• Documentary Evidence: Written or recorded evidence, including contracts, emails,
and recordings.

Understanding case law is a complex process that requires the ability to analyze judicial
opinions, identify legal principles, and locate relevant legal materials. This detailed guide
provides the foundation needed to effectively engage with legal texts and improve legal
research skills.