Reasons

abhimanyu (Querist) 12 March 2013 This query is : Resolved
In case a case is dismissed on account of maintainability, is Judge bound to give detailed reasons for such dismissal or not?

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Raj Kumar Makkad (Expert) 12 March 2013
Yes. The judge is bound to mention the detailed reasons leading the case for dismissal on the ground of maintainability.

Advocate Bhartesh goyal (Expert) 13 March 2013
The judge can not legally dismiss the case summarily on the ground of maintainability,he has to pass reasoned order.

abhimanyu (Querist) 13 March 2013
Thanks Respected Shri Makkad and Shri Goel.

Devajyoti Barman (Expert) 13 March 2013
Without reasons there is no order sustainable under the eye of law.
In recent case the supreme court has rebuked a particular high court for not giving any reason while dismissing the appeal.

prabhakar singh (Expert) 13 March 2013
Any issue of "maintainability" can not be arrived at without considering two sides of the coin by the presiding officer of the court.He cannot not write strait forward"the case is dismissed as the same is not maintainable" rather he needs to write"hence for the reasons discussed here in above i find case not maintainable"

abhimanyu (Querist) 13 March 2013
I am grateful to Respected Shri Barman and Shri Singh.

prabhakar singh (Expert) 13 March 2013
You are most welcome gentleman!

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