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TMI Blog1987 (11) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... three years of the degree course as the qualifying requirement. Appellant claimed weightage on the basis that members of his family had donated lands and houses to the University and cited the case of Shri Anant Narain Singh as a precedent. As he failed to secure admission, he again applied for taking admission in the academic session 1983-84 but was not granted admission. Ultimately he filed a writ petition before the Allahabad High Court. On 28.7.1986 the said writ petition was taken up for hearing by a Division Bench and when hearing was concluded, judgment was dictated in open Court allowing the writ petition and direction to the University to admit the petitioner was ordered. The appellant applied for certified copy of the judgment but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and judgment dictated but later on was not signed and was ordered to be listed for further hearing. As prayed by counsel for University the petition. may be listed, if possible on 25th February, 1987 . There is no dispute that the writ petition had been allowed by judgment pronounced in open Court on 28.7.1986 after hearing was concluded. According to the appellant the judgment once pronounced in open Court became operative even without signature of the learned Judges and could not be altered. Reliance is placed on a judgment of this Court in the case of Surendra Singh Ors. v. The State of Uttar Pradesh, [1954] 5 SCR 330. The facts of that case show that a Division Bench of the Allahabad High Court sitting at Lucknow consisting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and its content formely declared in a judicial way in open court. The exact way in which this is done does not matter. In some courts the judgment is delivered orally or read out, in some only the operative portion is pronounced, in some the judgment is merely signed after giving notice to the parties and laying the draft on the table for a given number of days for inspection. An important point, therefore, arises. It is evident that the decision which is so pronounced or intimated must be a declaration of the mind of the court as it is at the time of pronouncement. We lay no stress on the mode or manner of delivery, as that is not of the essence, except to say that it must be done in a judicial way in open court. But, however, it is do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered provision is made for review. One provision is that it can be freely altered or amended or even changed completely without further formality, except notice to the parties and a rehearing on the point of change should that be necessary, provided it has not been signed. Another is that after signature a review properly so-called would lie in civil cases but none in criminal; but the review, when it lies, is only permitted on very narrow grounds......... The above observations were made, as already mentioned, in a case where the judgment had been signed but not pronounced in the open court. In the present case, we are concerned with a judgment that had been pronounced but not signed. The provision in order 20, rule 3 of the Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bose J. emphasised the feature that as soon as the judgment is delivered that becomes the operative pronouncement of the court. That would mean that the judgment to be operative does not await signing thereof by the court. There may be exceptions to the rule, for instance, soon after the judgment is dictated in open court, a feature which had not been placed for consideration of the court is brought to its notice by counsel of any of the parties or the court discovers some new facts from the record. In such a case the court may give direction that the judgment which has just been delivered would not be effective and the case shall be further heard. There may also be cases-though their number would be few and far between-where when the judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been placed for fresh hearing. The subsequent order dismissing the writ petition was not available to be made once it is held that the writ petition stood disposed of by the judgment of the Division Bench on 28.7.1986. The record of the proceedings of the High Court which is before us does not contain the judgment delivered in court on 28.7.1986 but there is no dispute that the writ petition had been allowed. On the conceded position that the appellant's writ petition was allowed by the High Court, the University is directed to admit the appellant to the Master's Course in Law in the current session. We understand that the University's courses of study have now been changed. The University shall take such steps ..... X X X X Extracts X X X X X X X X Extracts X X X X
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