Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Practice and Procedure |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Practice and Procedure: Practice of pronouncing the final operative part of the order without supporting reasons – Undisputedly, the rights of the aggrieved parties are prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized – It indeed amounts to defeating the rights of the party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to obtain the fruits of success of the litigation – This principle has been restated by the Supreme Court on several occasions wherein delay in delivery of judgments has been observed to be in violation of Art.21 of the Constitution of India – In the instant case, National Commission had passed operative order on 26.04.2019 and its reasoned judgment was passed only after eight months – Direction to the President of the National Commission to look into the matter, and take necessary steps so that this practice is discontinued and the reasoned judgment is passed along with the operative order – In all the matters where reasons are yet to be delivered, it must be ensured that the same are made available to the litigating parties positively within a period of two months. |
Judge | N/A |
Neutral Citation | 2021 INSC 89 |
Petitioner | Sudipta Chakrobarty & Anr. |
Respondent | Ranaghat S.d. Hospital & Ors. |
SCR | [2021] 1 S.C.R. 544 |
Judgement Date | 2021-02-15 |
Case Number | 9404 |
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