JudgmentReasoningSupreme Court of India

Surendra Singh v State of UP

AIR 1954 SC 194; 1954 SCR 33019541 min read
The case in brief30-second read
Facts
A criminal appeal was heard by two judges of the Allahabad High Court. Both signed the judgment, but it was delivered by one of them after the other had died.
Issue
Whether there was a valid judgment.
Held
There was no valid judgment and the case had to be reheard. A judgment is the final decision of the court intimated to the parties and the world by formal pronouncement or delivery in open court; until then the judges may change their minds.
Principle
A judgment is the final decision pronounced or delivered in open court; a judgment signed but delivered after a judge's death is no judgment
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Facts

  • A criminal appeal was heard by two judges of the Allahabad High Court. Both signed the judgment, but it was delivered by one of them after the other had died.

Issue

  1. Whether there was a valid judgment.

Held

  • There was no valid judgment and the case had to be reheard. A judgment is the final decision of the court intimated to the parties and the world by formal pronouncement or delivery in open court; until then the judges may change their minds.

Ratio decidendi

Pronouncement in open court is what makes a decision a judgment.

Exam use

How to use it in an answer

Cite for S.392 BNSS. Earlier text in this file wrongly described this as a case on reasons in judgments; corrected on 2026-10-22. Year: decided 16 November 1953, reported 1954.

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Citation

Surendra Singh v State of UP AIR 1954 SC 194; 1954 SCR 330

Reported: https://indiankanoon.org/doc/142543/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.