What is speaking order

Dear Mr. Manirathnam,

 

Speaking orders means those orders which mentions the fact, reason, finding of the case and also reasons on basis of which such final order is passed.

mostly court orders are speaking orders. kindly clarify your query that ,which matter / dispute you are referring to in order to check the relevent procedure, act or section.

 

regards,

Simply put, a speaking order is an order which is written after applying one's mind to the issues involved and setting out the reasons for arriving at the decision/order based on the principles of law.

Dear Assumi,

What is the procedure to pray the court to pass speaking order after passing the interim order. Does it possible to ask the court to pass speaking order once court passes the order (which is not describing the order in details).

I give the definition of speaking order as below

    In simple terms, a speaking order is an order that speaks for itself. The order should stand the test of legality, fairness, and reason at all the higher appellate forums. That is, the order should contain all the details of the issue, clear findings, and a reasoned order.

         

In Siemens Engg & manufacturing Company V UOI the Supreme Court held that “where an authority in exercise of a quasi judicial function, makes an order, it must record its reasons.

The Law Commission in its Fourteenth report ( Vol.II , P.694 , ch.31 ) suggested, “in the case of administrative decisions, provision should be made that they should be accompanied by reasons.”

In USA, The Administrative Procedure Act, Section 8 stipulates a speaking order. It reads, “All decisions (including initial, recommended and tentative decisions) shall include a statement of findings and conclusions and the reasons or basis thereof, on all material issues of fact, law or discretion presented on the record”.

 

1) Mohinder Singh Gill & Anr Vs The Chief Election Commissioner, New Delhi & Ors: (2) Laishram Tomba Singh Vs State of Manipur & Ors:,

(3) Union of India & Anr Vs GTC Industries Ltd Bombay:,

(4) State of AP Vs B.Satya Rao :.

 

The ratio laid down by the Apex Court  as well as this Court in Mohinder Singh Gill & Anr Vs The Chief Election Commissioner, New Delhi & Ors (supra), State of AP Vs B.Satya Rao (supra) and Laishram Tomba Singh Vs State of Manipur & Ors (supra) are that recording of reasons in the order having civil consequences is one of the requirement of principles of natural Justice and its validity must be judged by the reasons so mentioned and cannot be supplemented by the fresh reasons in the shape of the affidavit or otherwise.

Hi Legaljoe,

Thanks a lot for your information. It is very muchuseful. But I have a question like:

If judge do not make any finding on the party made written statement....and passes the order/judgement what the party can do at that time.

Shall party ask court to consider th point and review the judgement....? is it valid in court of law....?

The party cannot force to toe his line of action . The action of the judge is dependent on the merits of the case and evidences on record. You are helpless of the judge doesnt listen to you. The remedy is to approach next authority for review or appeal as per the case details .

This is indian judiciary , if u say something against the judge it amounts ot contempt so be careful. u can criticize the staff of the court but u cannot criticize the judge or his judgemnt .

all the best

@Legaljoe68,

I do agree with you that party can not question the Judge decision. It is against the law. As you said approaching the next leval court is the right way to the party to question the validity of the lower court judgement. I will be doing it if required after reading the order passed by the court.

@SKJ,

I hope SKJ knows about Justice dhinakaran, former Karnataka High Court Chielf Justice, former Cheif Justice of India (I forgot his name) and the comment made by the Chielf Justice of Delhi High Court after his retirement. This is one side of story.... other side of story is that no punishment for the Judge for commiting the wrong then it is certain that some judges may misuse their power.

 

I agree with legaljoe68, no one can dictate the court, the Judge is free to decide rightly or wrongly He is free: as stated by Cordazo: It is all about the conscience of the Judge that will speak to him and ofcourse a buffon Judge will never be prick by his conscience.

Stupid SKJ, Never ever reply to my post. Who asked you to reply my post. If interested then you can reply else close your ASS and stay calm. Who has given right to comment me on peronal behaviour this forum. I never " **** " with your mother or sister. Which is making you make become like a mad person. I am learning law points and as per you I should not ask questions, dont you fell stupid. Suckking idot. Never post your comments to my post .... In this forum I am not expecting help from the stupids like you. Go nd f**K your wife live there. You are the perfect culprit to this society. You stupid having cption in your ID that fight with determination .... you never act like that. You idiot why do you reply to my post if you are not interested in my posts. You sukking idiot are the real culprits who recomend false cases and destroying the justice to this society. Dear forum members: Please read ll his posts to reveal his real behaviour. This moron is provocatig the victims and enjoying ....I think his wife is facing great problems with this guy.

legaljoe68 ,

Thanks for your efforts.  You are very perfect.

Quote

A speaking order is an order that speaks for itself.

The order should stand;

The test of legality;

Fairness, and

Reason at all the higher appellate forums.

That is, the order should contain all the details of the issue, clear findings, and a reasoned order.

Unquote.

The order is so fair and reasonable that it speaks about the order itself. On the other hand – There is no reasonable scope to complain against the order.

 

There are three pillars of justice delivery system. First that other party should be heard, secondly no one should be judge in his own case and thrid is assigning the reasons. These are also important  principles of natural justice. If there is violation of these principles the action may be void.

In the old arbitration act the arbitrator might not pass a speaking award, yet the award was upheld but in the new act the arbitrator has also to give a speaking award i.e. he must give reasons  for arriving at a particular opinion otherwise award is vitiated. 

Dear Harbhajan Sir, I completely agree with you. This way one has to pass the order to decide whether party can got to next level court for appeal or not. This way only one can said whether judge made the order as per law provision. I understand that by default court pass speaking order....am I correct.?

It is also a law that the arguments advanced by a party and law referred in the same if does not find mentioned in the order, it implies that the jjudge has considered his points and rejected the same. Therefore in revision or appeal you can plead that the Ld. trial judge faulted on your argued points by rejecting the same. Therefore in a non-speaking order, it can be said that what a party pleaded has been considered by the judge and passed the order however without assigning any reasons.