Page 63 - RESEARCH HANDBOOK FOR LL.M. AND PHD

Annexure – XIV

Case Comment Framework

This is an illustrative Frame for doing an effective case analysis and

finally preparing case comment.
1. Background- constitutional & jurisprudential perspectives
2. Outline main issue and relevant laws/ statutes in journey of the case
3. Critical review of the case following its journey and appeal level
4. Listing the key contentions — add comments
5. Stand of prosecution at appeal level vis a vis at the levels of trial court and high
court- comparison- critique of
6. Stand of defence at appeal level vis a vis at the levels of trial court and high
court comparison- critique of
7. Scrutiny of the case by the appeal court- framing the issue examination of
applications of principles and laws — develop your arguments about
sufficiency and infirmities
8. Examination of precedents applied- assess the coverage and suitability
9. Examination of evidence perused- review of any vital parameters left out or
inadequately perused
10. Arguments and reasoning extracted- critical review of
11. Obiter dictum- need and relevance
12. Ratio decendi- examination of correctness
13. Judgment —you views
14. Comparative context: assessment if similar case was decided in other/Foreign
jurisdiction in different way
15. Contribution- whether the case contributed to the new jurisprudence or
stressed the need to amend law and bring other changes in policy and practice

52 | National Law University, Delhi