SC: Parties to the suit are also entitled to know reasoning behind the order

Today, i.e. on 1st April 2019, the Hon’ble Supreme Court, in the matter of State of Orissa & Ors. v. Chandra Nandi pronounced that the parties to a suit are also entitled to know as to on which basis, a particular conclusion is arrived at in the order passed by the Court/Tribunal/Authority.

The Hon’ble Supreme Court observed that:

Every judicial or/and quasi­judicial order passed by the Court/Tribunal/Authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion. (Para 10)

The parties to the lis and so also the appellate/revisionary Court while examining the correctness of the order are entitled to know as to on which basis, a particular conclusion is arrived at in the order. (Para 10)

In the absence of any discussion, the reasons and the findings on the submissions urged, it is not possible to know as to what led the Court/Tribunal/Authority for reaching to such conclusion. (Para 10)

An order passed without recording any reason is not legally sustainable and hence deserves to be set aside. (This inference has been drawn on the basis of Para 12)

Copy of judgment:Judgement_01-Apr-2019

-Tushar Kaushik

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