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Pass An Order Which We Can Understand, SC 'Requests' Bombay HC [Read Order]

LIVELAW NEWS NETWORK
6 Nov 2019 5:17 PM GMT
Pass An Order Which We Can Understand, SC

"We could not decipher what has been decided by the High Court."

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Pass an order which we can understand, the Supreme Court 'requested' the Bombay High Court while it dealt with a special leave petition impugning its order.

In a brief order, the bench of Justice Deepak Gupta and Justice Aniruddha Bose said that the order of the High Court is unintelligible. We could not decipher what has been decided by the High Court, it said.

The bench then set aside the order and remitted the case to the High Court.

The SLP was filed against an order passed in a Criminal Writ Petition filed before Aurangabad Bench of the Bombay High Court. A reading of the said two paged order does not give any idea about what the case was about, and what has been decided by the Court.

The Supreme Court has made similar remarks about High Court judgments earlier also. In 2017, it had set aside a judgment passed by the Himachal Pradesh High Court, because of the convoluted English used in the judgment.

In another instance, the Apex Court had set aside a Rajasthan High Court judgment which did not set out even the factual controversy nor dealt with the submissions urged by the parties before it and nor did it examine the issues in the context of relevant provisions of the Act that governed the controversy. The least which is expected of is that the order which decides the lis between the parties should contain the brief facts involved in the case, the grounds on which the action is impugned, the stand of the parties defending the action, the submissions of the parties in support of their stand, legal provisions, if any, applicable to the controversy involved in the lis, and lastly, the brief reasons as to why the case of one party deserves acceptance or rejection, as the case may be, the Court had said.

Click here to Read/Download SC Order



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