Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Thursday, November 21, 2024

Supreme Court Deprecates Practice Of Pronouncing Final Orders Without Reasoned Judgments

Posted in: Supreme Court
Sun, Dec 20, 20, 20:40, 4 Years ago
star star star star star
0 out of 5 with 0 ratings
comments: 0 - hits: 5826
Oriental Insurance Co. Ltd. vs. Zaixhu Xie the practice of pronouncing the final orders without reasoned judgments.

In a latest, learned, landmark and laudable judgment titled Oriental Insurance Co. Ltd. vs. Zaixhu Xie & Ors. in Civil Appeal No. 4022/2020 in [SLP [C] No. 15137 2020] D. No. 21991/2020 delivered just recently on December 11, 2020 by a three Judge Bench of Supreme Court comprising of Justice Sanjay Kishan Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy, the Supreme Court has pulled back no punches to strongly, sternly and swiftly deprecate the practice of pronouncing the final orders without reasoned judgments. The Bench headed by Justice Sanjay Kishan Kaul minced no words to say that:
If a judgment cannot be delivered on the same date or immediately thereafter, logically the judgment ought to have been at least reserved to facilitate the Judge to pen down the order. This was held so while setting aside an unreasonable order passed by the Delhi High Court.

To start with, it is first and foremost pointed out by the three Judge Bench of Apex Court that:
Delay condoned. Leave granted. We have heard learned counsel for the appellant and learned counsel for respondent Nos. 1 and 2/ the petitioner claimants. We have also perused the report of the Registrar General placed before us in compliance of the order dated 16.11.2020.

While elaborating in detail, it is then pointed out by the Bench that:
On the basis of the report what emerges is that the file was received in the Chamber of the learned Judge on 11.07.2019 whereafter the matter was taken up on different dates but arguments were only heard on 30.07.2019 in part. It is stated that on 31.07.2019 at about 2.15 p.m. after hearing the further arguments the operative portion/conclusion of the decision was 'indicated' in the Court itself in the presence of the counsel for the parties. Thus, it appears that even the concluding paragraph was not penned down. The judgment is stated not to have been reserved.

What next follows is then revealed by the Bench by pointing out that:
The file was, however, sent back to the Registry after 9½ months on 15.05.2020 and the judgment was uploaded on the same date.

What is worth noting is that it is then pointed out that:
The certified copy of the order was applied on 29.01.2020 (it is the say of the appellants that there was no pronouncement of any order on 31.07.2019). There was some lapse in preparation of the certified copy due to Covid.

Of course, it is then also pointed out that, It is stated that from the report received from the Court Master of the concerned Court, some aspects of the different number of cases dealt with by the learned Judge have been set out as also some personal difficulty of the Judge for some period of time.

While referring to the relevant case laws, the Bench then elucidates that:
In a recent judgment in Balaji Baliram Mupade & Anr. v. The State of Maharashra & Ors. [Civil Appeal No. 3564 of 2020] dated 29.10.2020, we had been called upon to comment on a similar scenario. We had emphasized that judicial discipline requires promptness in delivery of judgments, an aspect repeatedly emphasized by this Court when this problem gets compounded where the result may be known but not the reasons depriving the aggrieved party of opportunity to seek further judicial redressal. We have also referred to the Constitution Bench judgment of this Court delivered as far back as in 1983 in State of Punjab & Ors. vs. Jagdev singh Talwandi (1984) 1 SCC 596, which drew the attention of the High Court to serious difficulties caused on account of practice which was being increasingly adopted by several High Courts of pronouncing the final orders without reasoned judgments. We have also referred to the subsequent judgments even delivered by this Court in our aforesaid judgment but there is no purpose in repeating the same.

Most significantly, the Bench then waxes eloquent to state in no uncertain terms that:
We appreciate that the learned Judge may have delivered a number of judgments and dealt with many cases and in the interregnum period may have even faced some personal difficulty as set out in the report but that does not take away from the fact that the process which was required to be followed as set out in the judicial pronouncements has not been followed in the present case. If a judgment cannot be delivered on the same date or immediately thereafter, logically the judgment ought to have been at least reserved to facilitate the Judge to pen down the order. Result of not doing so is that the appellant being the aggrieved party, is unable to avail of the legal remedy.

As a corollary, what follows is then stated by the Bench pointing out that:
We have to follow the same course of action as in the judgment referred to aforesaid and thus set aside the impugned order and remit the matter back for reconsideration of the High Court on merits, uninfluenced by the reasons which have been set out in the impugned order.

Finally, the Bench then concludes by holding that:
Needless to say the matter would be taken up by a Bench not consisting of the member who constituted the bench earlier. The appeal is allowed in the aforesaid terms leaving the parties to bear their own costs.

To conclude, the bottom-line of this commendable judgment is that all Judges must always adhere to what has been laid down so explicitly, elegantly and effectively by the three-Judge Bench of the Apex Court. Supreme Court has in this notable case clearly, commendably, cogently and convincingly deprecated the practice of pronouncing final orders without reasoned judgments. All Judges from now onwards must strive to pronounce final orders with reasoned judgments. This will ensure that the top court is not compelled to once again deprecate the practice of pronouncing final orders without reasoned judgments! Let's hopes so fervently that Judges do accordingly!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
In the light of the latest judgment provided by the SC for commuting the death penalty of former pm Rajiv Gandhi’s assassins to life imprisonment on the ground of excessive wait on govt and President’s part to decide their whim pleas
Shanti Bhushan v Supreme Court of India through its Registrar and another in Writ Petition (Civil) No. 789 of 2018 (Arising out of Diary No. 12405 of 2018) refused pointblank to declare that the function of allocating cases and assigning benches should be exercised by the collegium of five senior Judges instead of the Chief Justice of India.
Coming straight to the nub of the matter, let me begin at the very beginning by first and foremost expressing my full and firm support to the growing perfectly justified demand that seeks chemical castration for child rapists
Justice KS Puttaswamy (Retd) and another v Union of India has upheld the validity of Aadhaar for availing government subsidies and benefits and for filing income tax returns! The lone dissenting Judge in this landmark case is Justice Dr DY Chandrachud. He differed entirely from the majority and struck down Section 139AA.
It is most reassuring, refreshing and re consoling to note that for the first time in at least my memory have I ever noticed a Chief Justice of India who even before assuming office outlined his priorities very clearly and courageously
Manohar Lal Sharma vs Narendra Damodardas Modi dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, for registration of FIR and Court-monitored investigation by CBI into corruption allegations in Rafale deal.
Judgement by the Supreme Court about energy conservation and infrastructure laws in the state of Himachal Pradesh.
In a major and significant development, the Supreme Court which is the highest court in India has for the second time designated 37 lawyers as Senior Advocates.
On 17th October 2018, the Cannabis Act came into force and Canada became the largest country in the world with a legal marijuana marketplace.
Why Only Lawyers Are Held Liable For Accepting Foreign Funding And Not Politicians? Why is it that under our Indian law only lawyers are held liable for accepting foreign funding and not politicians? Why politicians are mostly never held accountable for accepting foreign funding?
Finally Hindus Get The Right To Worship At Entire Disputed Land And Muslims Get 5 Acre In Ayodhya
I am a student at New Law College, Bharati Vidyapeeth University studying LLB. I am currently majoring in 3 yrs LLB Course from New Law College, and have started with my last year from July 2019.
230th report of Law Commission of India, it will certainly produce more diamonds like the Chief Justice of India designate Sharad Arvind Bobde who is most invaluable and even Kohinoor diamond stands just nowhere near him
Central Public Information Officer, Supreme Court Of India vs Subhash Chandra Aggarwal the office of Chief Justice of India is a public authority under the Right to Information Act
Sections 126 to l29 deal with the privilege that is attached to Professional Communications between the legal advisors and their clients. Section 126 and 128 mention the circumstances under which the legal advisor can give evidence of such professional communication.
National Federation Of Societies For Fast Justice & Anr. Vs. UOI Notifications for establishing the Gram Nyayalayas to issue the same within four weeks.. It was considering a PIL filed by National Federation Of Societies For Fast Justice.
Madhuri Jajoo vs. Manoj Jajoo has allowed the first petition for divorce by mutual consent, through the virtual hearing system.
Reepak Kansal vs. Secretary-General, Supreme Court Of India has taken a stern view of the increasing tendency to blame the Registry for listing some cases more swiftly as compared to others.
upheld the Shebait rights of the erstwhile royals of Travancore in the administration, maintenance and management of Sree Padmanabhaswamy Temple in Thiruvananthapuram.
Justice R Banumathi had assumed the role of a Supreme Court Judge on 13 August 2014. She is the sixth women to be a Judge of the Supreme Court of India
Judges cannot speak out even if they are humiliated. How long can the Supreme Court and the Judges suffer the humiliation heaped regularly?
Neelam Manmohan Attavar vs Manmohan Attavar that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers.
Jugut Ram vs. Chhattisgarh the fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter.
Sagufa Ahmed vs. Upper Assam Plywood Products Pvt. Ltd the said order extended only the period of limitation and not the period upto which delay can be condoned in exercise of discretion conferred by the statute
the legendary Kesavananda Bharati whose plea to the Apex Court is considered the real reason behind the much acclaimed Basic Structure doctrine propounded in 1973
Amar Singh vs NCT Of Delhi conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.
Madhya Pradesh vs. Bherulalthe governments taking for granted the period of limitation prescribed. In other words, it is high time and all the governments in our country both in the Centre and the States must now
Madhya Pradesh vs. Bherulal the governments taking for granted the period of limitation prescribed.
the manner in which Bombay High Court handled the Arnab Goswami case. A vacation Bench comprising of Justices Dr DY Chandrachud and Indira Banerjee of the Supreme Court is currently hearing the petition filed by Republic TV anchor Arnab Goswami
Indian Olympics Association vs. Kerala Olympic Association civil original jurisdiction dismissed Indian Olympics Association's (IOA) plea seeking transfer of a writ petition before Kerala High Court to Delhi High Court.
In Arnab's case, Justice Dr DY Chandrachud had minced no words to say that: There has to be a message to High Courts – Please exercise your jurisdiction to uphold personal liberty
It is most shocking, most disgusting and most disheartening to read that criminals are ruling the roost and making the headlines in UP time and again
Parveen vs. State of Haryana while setting aside an order of the Punjab and Haryana High Court dismissing the plea of a man in view of absence of his counsel has observed in clear, categorical
Madras Bar Association vs Union of India that exclusion of advocates in 10 out of 19 tribunals, for consideration as judicial members is contrary to the Supreme Court judgments in Union of India v. Madras Bar Association
Inderjeet Singh Sodhi vs Chairman, Punjab State Electricity Board the dismissal of special leave petition is of no consequence on the question of law. We all must bear it in mind from now on
It cannot be denied by anyone that government is the biggest litigator in courts and is responsible to a large extent for the huge pending cases in different states all across the country. The top court is definitely not happy with the state of affairs and the lethargic and complacent motto of Sab Chalta Hain attitude of the governments in India.
Centre has finally decided to get its act together and constitute the All India Judicial Service (AIJS) about which we have been hearing since age
Prashant Dagajirao Patil vs. Vaibhav@Sonu Arun Pawar a High Court, while exercising bail jurisdiction cannot issue directions which will have a direct bearing upon the trial.
Commercial Taxes Officer, Circle-B, Bharatpur vs M/s Bhagat Singh in exercise of itsextraordinary appellate jurisdiction that a statute must be interpreted in a just, reasonable and sensible manner
Pravat Chandra Mohanty vs Odisha refused the plea seeking compounding of offences of two police officers accused in a custodial violence case.
Sessions Judge, Bhadrak in S.T. Case No.182/392 of 2014, acquitting the Respondents from charges under Sections 302/201 read with Section 34 of the Indian Penal Code IPC
Dakshin Haryana Bijli Vitran Nigam Ltd. vs. M/S Navigant Technologies Pvt. Ltd. the period of limitation for filing the Petition under Section 34 of the Arbitration and Conciliation Act would commence from the date on which the signed copy of the award was made available to the parties.
Niranjan Hemchandra Sashittal and another v. Maharashtra in page 386 of the citation that: The quantum of bribe is immaterial for judging gravity of the offence under PC Act. Proceedings under PC Act cannot be quashed on the ground of delay in conclusion particularly where the accused adopted dilatory tactics.
The Ministry of Information and Broadcasting has proposed to introduce the Cinematograph (Amendment) Bill, 2021.The new proposal would amend the Cinematograph Act of 1952 to grant the Centre "revisionary powers" and allow it to "re-examine" films that have already been certified by the Central Board of Film Certification (CBFC).
I have not come across a single person in my life who has not complained of milk being not up to the mark and even in my own life I don't remember how many times my mother
Akhila Bharata Kshatriya Mahasabha v/s Karnataka barring installation of statues or construction of any structure in public roads, pavements, sideways and other public utility places.
Manohar Lal Sharma vs Union of India has made it clear that State won't get a free pass by mere mention of national security.
State of MP vs Ghisilal the civil courts has no jurisdiction to try suit relating to land which is subject-matter of ceiling proceedings, Urban Land (Ceiling and Regulation) Act, 1976.
Deserving cases in Supreme Court also don't get listed in time and keep pending for a long time and not so deserving cases get listed most promptly when backed by eminent law firms and senior lawyers
Top