The document discusses the history of legal reporting in India. It notes that the common law tradition of relying on precedents from previous court decisions necessitated a system for publishing and disseminating those rulings. However, the initial efforts were disorganized and led to many unofficial reports of varying quality. This eventually led to the Indian Law Reports Act of 1875, which aimed to establish a single authoritative reporting system but still allowed courts to consider unofficial reports. Over time, both official and unofficial reporting systems expanded in India to meet the needs of the growing legal system.
The document discusses the history of legal reporting in India. It notes that the common law tradition of relying on precedents from previous court decisions necessitated a system for publishing and disseminating those rulings. However, the initial efforts were disorganized and led to many unofficial reports of varying quality. This eventually led to the Indian Law Reports Act of 1875, which aimed to establish a single authoritative reporting system but still allowed courts to consider unofficial reports. Over time, both official and unofficial reporting systems expanded in India to meet the needs of the growing legal system.
The document discusses the history of legal reporting in India. It notes that the common law tradition of relying on precedents from previous court decisions necessitated a system for publishing and disseminating those rulings. However, the initial efforts were disorganized and led to many unofficial reports of varying quality. This eventually led to the Indian Law Reports Act of 1875, which aimed to establish a single authoritative reporting system but still allowed courts to consider unofficial reports. Over time, both official and unofficial reporting systems expanded in India to meet the needs of the growing legal system.
The document discusses the history of legal reporting in India. It notes that the common law tradition of relying on precedents from previous court decisions necessitated a system for publishing and disseminating those rulings. However, the initial efforts were disorganized and led to many unofficial reports of varying quality. This eventually led to the Indian Law Reports Act of 1875, which aimed to establish a single authoritative reporting system but still allowed courts to consider unofficial reports. Over time, both official and unofficial reporting systems expanded in India to meet the needs of the growing legal system.
• Life of the law has not been logic: it has been experience. . Justice Oliver Wendell Holmes Jr.(United States)
• The law embodies the story of a nation’s
development through many centuries and it cannot be dealt with it as if it contained only the axioms and corollaries of a book of mathematics. • To know what it is , we must know what it has been and what it tends to become. ❖ What is a legal system? :Set of legal principles and norms : Protect and promote a secure living to its subjects in a cultured society. :Recognizes rights :Prescribes duties :Provides the ways and means of enforcing • A legal system is the meeting point of the past and the future of its locale . The past explains it and it foretells the future. Major legal systems
(1) common law
(2) civil law (3) socialist legality (4) religious systems (5) customary law (6) equity law ❖ Major streams of Indian legal system: • common law • civil law • religious principles • customary laws • Indian legal system is basically a common law system, simultaneously an open system taking the most suitable to the country . Common law and Civil law Common law Civil law Not always a written constitution Always a written constitution
Not codified Codified set of laws
Judicial Precedents are binding Precedents are not binding. Binding on parties. Judges set precedents, make rulings and Judges role is to establish the facts of the moderate between conflicting parties case and apply the applicable code Adversarial or Accusatorial system of trial Inquisitorial system
Main source of law is precedents and Statutory laws and other subsidiary case laws legislations Legal scholarly writing is of a little Significant influence influence Freedom of contract is extensive Freedom of contract is more limited Common law Equity Branch of English law developed by Royal Branch of English law developed by Court since the Norman conquest 1066 Chancery Court / Court of Chancellors since XV century. Based on previous Judicial Emphasis on fairness and flexibility , maxims decisions/Precedents and stare decisis of equity ( conscience)
Not discretionary and must follow Discretionary
precedent Remedies in form of compensation Remedies in the form of specific /damages performance, injunction, rescission, rectification … Operates in rem Operates in personam
Establishes general rules which ensures Act as check and balance of common law certainty Common law Equity law
Strict formalism No strict formalism
Complete legal system Series of isolated principles
Remedies are enforceable at any time Applies promptly or on the dot
within limitation Remedies are monetary in nature and Equity operates when there is a may not be applicable always and not recognisable right but no remedy under always enough common law and ensure that justice is met. Law Reporting ❖ Precedents – things which have gone before Previous decisions of superior courts • Embodying principles of law • Binding on courts and tribunals • Advent of British system in India. • Companys’ courts and Royal Courts of British India - English tradition (1800) of precedents Provisions ❖ S.212 of GOI Act 1935 – Law declared by Federal Court and Privy Council -courts in British India. • Art 141 of Indian Const. ❖ 1958 Law Commission of India - continuity of precedent in India. • Uniformity and certainty in law • Promote convenience and avoids delay Rigid doctrine of Stare decisis v scientific development of law Art 137- Right to review- SC Publication of Law Reports ❖ Doctrine of Precedents and Doctrine of Stare decisis to operate. • Publication of decisions is a condition precedent • Adherence to reporting norms • Reliable reports of cases • Precise Records Criteria for exclusion : • Decision relates to a question of fact. • Not a new rule of law • Not materially modify a principle or rule or settle a doubtful question of law • Mere case of construction of document • Decision per incuriam • Decision of single judge and it only reiterates principle of law . • Unimportant or is of no general interest. • Decision on interlocutory matter and not the final decision Third All India Law Conference on Law Reporting • Definite rules or principles of aids to construction • Decision delivered based on a repealed law • Minority judgment cannot be omitted as the dissenting view is equally important. • Quotations in a judgment may not be omitted since without them, the judgment may not make any sense. • Judgments of a single judge may not be omitted if they contain binding principles of law. Points Neutral citation number of a case shall be allocated in the format – 2023INSC1. 2023 - YEAR of pronouncement of judgment /Order. INSC – name of the court 1 –in seriatim number of the judgment eSCR- digital version of all supreme court judgment free of cost Courts and tribunals to follow Uniform format for judgments and orders. Paragraphing and numbered paragraph – facilitate understanding the meat of the judgment and saves time. B.S Hari Commandant v. Union of India, 2023 SCC OnLine SC 413, Judgment(2023].Justice Ahsanuddin Amanullah. .. ❖ Law Reports of Supreme Court at the Presidency of Calcutta - Regulating Act 1773 – Efforts by Sir Francis Macnaghten (Considerations upon Hindu Law- 1824) – Efforts by Sir William Macnaghten (Mohammedan Law - 1825) – Efforts by Barristers and Judges- Morton’s report,(SC Calcutta 1774- 1841) – Fulton’s report… ❖ Law Reports of Sadar Diwani Adalat (cases form 1790-1811) – Bengal Sadar Diwani Adalat Reports (Monthly reports- Oldest Official series of Law Reports in India in existence till the abolition of Adalats in 1862. – Similarly the decisions of Sadar Diwani Adalats of Madras and Bombay published. ❖ High Court Reports- Madras, Bombay and Calcutta. ❖ Sir J. F . Stephens- Law Member of Govt. of India enlisted drawbacks of law reporting in British India (1872): – rapid multiplication of reports – low quality or merit – private commercial enterprises – no differentiation between cases worth reporting and not worth reporting – consume money and labour – mere reprint of written judgments… ❖ Indian Law Reports Act 1875-Initiative of Hobhouse , Law Member
– Law authorises publication of cases of High
courts – Restricts the citation of unofficial reports – Aims to control the indiscriminate citation of cases other than through publication under the authority of Governor General in Council. S. 3 ❖ Sir George Campbell, Lt. Governor of Bengal resented. • Single Authority to decide as to what should be treated authoritative decisions….‘ Judge over judges’ • Ultimately S. 3 leaves it to the option of the courts to consider the decisions of High courts cited in unofficial reports. • A judgment is nonetheless an authority because it has not been reported. • Decision establishes the precedent and the report serves as evidence of it. ❖ Anomalies in the Act • Applies only to decisions of High Courts and not to the Privy Council , the Federal Court or the Supreme Court. • Much delay in publication of ILR ( Indian Law Reports) • Costly publication • Courts started referring to decisions published in private series as authoritative and binding. • Act failed to control and regulate the publication of private law reports- Dead letter law. • Councils of Law Reporting -supervision of govt. were set up in each High Court –ILR Madras, ILR Bombay… • Judge over the Judges- superior authority over judges • Non official Reports – Madras Law Journal – Allahabad Law Journal – All India Reporter(1922)Back volume from1914 – Calcutta Weekly Notes – Income Tax Reports – Labour Appeal Cases
Judgments of Privy Council - reported in 77 Volumes
from 1872 to 1950. Special law Reporter- (LLJ, ITR) ❖ Reports of Privy Council – Knapp and Moore – Moore ‘s Indian Appeals ❖ Reports of Federal Court - Federal Court Reports - Federal Law Journal (FLJ) ❖ Reports of Supreme Court of India - Supreme Court Reporter (official) - All India Reporter, - Supreme Court Journal - Supreme Court Cases -Supreme Court Weekly Reports - Supreme Court Appeals • Repealing and Amending Act, 2016 • Lord Denning “Every decision is binding no matter whether it is reported in the regular series of Law Reports, or is unreported. Once you have the transcript, you can cite it as of equal authority to a reported decision. It behoves every counsel or solicitor to find, if he can, a case – reported or unreported – which will help him advise or win his case.” • Landscape of legal information delivery – drastic change Classification :?
Positives : Negatives : • Commercial Nature- Orginality may be doubtful • Unhealthy Competition • Vast Cases: Repeatedly reporting cases with same principles or ratio • Poor Quality • Inadequate official Reports: Expensive and very slow and irregular in publications, costly
