Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dismissal of writ petition without indicating reasons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Judgment/Order: Non-reasoned order- Dismissal of writ petition without indicating reasons - Propriety of - Held: Not c proper- On plainest consideration of justice, High Court ought to have set forth its reasons, howsoever brief, in its order indicative of application of its mind, all the more when its order was amenable to further avenue of challenge - Absence of reasons rendered High Court's judgment not sustainable ·Supreme Court has extraordinary power under Article 136 and can reject appeals at SLP stage invariably without assigning reasons and analogy cannot be made with such powers while dealing with. writ petition- Constitution of India, 1950 - Article 136, 122. Constitution of India, 1950: Article 136 - Scope of.The respondent-workman was found guilty of charges levelled and was removed from service. Labour court directed re-instatement with 50% back wages. The writ petition was filed which was dismissed summarily by High Court after issuance of notice to the respondent who filed his reply. In the instant appeal, stand of the appellant was that the order of High Court was non-reasoned .Disposing of the appeal and remitting the matter to High Court, the Court |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 406 |
Petitioner | U.p.s.r.tc. |
Respondent | Jagdish Prasad Gupta |
SCR | [2009] 4 S.C.R. 1153 |
Judgement Date | 2009-03-25 |
Case Number | 1883 |
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