Non-speaking order

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
Ld counsels,

High Court passed a non-speaking order dismissing the writ appeal at admission.

Does this non-speaking order a valid ground for review.

Or will an appeal filed on this ground before the SC will once again be sent back for review to HC.

Please clarify.

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Devajyoti Barman (Expert) 13 November 2010
Generally n the matter of Review the courts do reject the application without a reasoned order. You can try your luck before the supreme court now.

Kiran Kumar (Expert) 14 November 2010
I agree with Mr. Barman, but simultaneously find out whether there is some provision for LPA in the same high court against the impugned orders.

Kirti Kar Tripathi (Expert) 14 November 2010
an unreasoned order is against the basic principle of natural justice. it can be challenged. you can approach to Supreme Court.

N.K.Assumi (Expert) 14 November 2010
Order of the court should emanate from reasons and according to established procedure of Law.Unreasoned Order is one which on mere perusal does not require elaborate argument to show that there has been an error of law.Going by the statements of Kirti Kar Tripathi, unreasoned Order can be cahllenged.

s.subramanian (Expert) 14 November 2010
I agree.

Arun Kumar Bhagat (Expert) 14 November 2010
That can be challenged in Division bench also.

Uma parameswaran (Expert) 15 November 2010
Approach Supreme Court.

Murali Krishna (Expert) 15 November 2010
Supreme Court in many cases held that speaking order is necessary even to High Courts while delivering judgements. In a recent judgement in Maya Devi (dead) through Lrs.V.Smt. Raj Kumari Batra (dead) through Lrs. and Ors. (DOJ:8.09.2010) Supreme Court reiterated same. The apex court held that "..in a system governed by the rule of law, there is nothing like absolute or unbridled power exercisable at the whims and fancies of the repository of such power. There is nothing like a power without any limits or constraints. That is so even when a Court or other authority may be vested with wide discretionary power, for even discretion has to be exercised only along well recognized and sound juristic principles with a view to promoting fairness, inducing transparency and aiding equity."

I am sure this judgement will come to your rescue.

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