Head and Tail of Headnotes - sometimes misleading
ONE of the major problems we in TIOL and any Law Journal faces is getting quality headnote writers. Cases have proliferated and headnote writers have dwindled. And the result is - quality of headnotes took a nosedive.
Unfortunately, lawyers and judges usually go by headnotes and not the whole text of the decision. Recently there was an interesting case in the ITAT.
In this appeal filed by BMW India Private Ltd, it was mentioned that the ITAT in the appellant's own case had held that the Special Bench Order in LG Electronics is not applicable, while the Tribunal in another case had held that it was applicable. Because of the conflict, the matter was almost referred to a Larger Bench of five members.
Then it was realised that the Special Bench Order was actually followed but the confusion arose due to the headnote.
The Tribunal observed, "The fact that headnotes can at times be misleading is a well known fact as they are only the reporting done for the convenience of the professionals and it is imperative therefore to read the entire order. Be it as it may, we would not be out of place to sound a caution that hasty conclusions based on arguments advanced on the basis of the headnotes in the reporting of the orders may not be advisable and it may lead to misleading conclusions."
The Supreme Court had observed in a case, "Headnotes by the editors of a Reports are not a conclusive guide to the text of the judgement reported. They are made only for the convenience of the readers as a short summary to the text and for easy reference and at times they are misleading."
The United States Supreme Court had observed, "In the first place, the headnote is not the work of the court, nor does it state its decision. ……………… It is simply the work of the reporter, gives his understanding of the decision, and is prepared for the convenience of the profession in the examination of the reports."
Also see Headnotes to a judgement are creation of the author and do not necessarily reflect the true content of decision : Cestat - ()
Maybe the Courts themselves should write the headnotes too - but then the mountain of arrears will reach Himalayan heights!