How to “take away” whims & fancies / arbitrariness, etc. from the decisions of the Court Issue / finding based decisions: Every decision of court, as far as possible, must be based on record of findings of facts; and record of finding is always is in respect of an issue which naturally arises having regard to relief claimed. Therefore, every decision must answer a “Principal Issue” which arises before the Court. Issues are crux of any legal proceeding, and they arose in every stage of litigation, and in every litigation, be it Writs, Contempt Petitions, Arbitration Petitions, Criminal Petitions Consumer complaints, and so one, notwithstanding the Courts are not formally framing them. In C.V. Joshi versus Elphinstone Spinning Mills, reported in 2001 (Supp) Bom CR (2) 57, the Bombay high Court observed that even in execution proceedings, the issues comes into play, though it is not technically necessary to frame them. The nature of issue which arises in a particular l...