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Munirathnam (Scientist)     11 May 2010

Can I ask detaled explanation of Judge on his order

Hi All, Does it permitted to ask the Judge to explain, in written, the order passed by the jusge in court without considering and without making comment on the respondent arguments and submissions.


 12 Replies


Reasoning given in a Order / Judgment of the Court is its heartbeat and culminates to become a just speaking Order / Judgment.
If not then it is bound to be appelable / revision with direction for re-trial in exceptional cases.

Bharat Bhushan (advocate)     11 May 2010

There Is a difference b/w decree or order and the judgement. In a judgement you will get all illustration of facts and finding behind the rational of the order. Decree or the order is only operational part . Once you get the certified copy of the judgement you will get your answers.

Gagan Gupta (Advocate)     11 May 2010

There is a judgement of Apex court saying that if Judge did not discuss the contentions raised by the parties in judgement that parties should file review before that judge.

1 Like

Munirathnam (Scientist)     11 May 2010

Dear Gagan,


You said in the above post that party can ask the Judge for revision.... this revision is in the same court judge who passed the order or should be approached next level court (for my CrPC-125 petition).

niranjan (civil practice)     11 May 2010

You can agitate those issues in memo of appeal and say that judgment needs tobe set aside.question of review does not arise.

Munirathnam (Scientist)     11 May 2010

Sir, Under which section I have to make an appeal....to revision od Judgement?

G. ARAVINTHAN (Legal Consultant / Solicitor)     13 May 2010

Since it is 125 Cr.P.C, you have to file Revision.

Under 397 Cr.P.C, you have to file Revision before Sessions Court/High Court. Concurrent Jurisdiction 

Arup (UNEMPLOYED)     14 May 2010

Mr. Gagan Gupta,

 “There is a judgement of Apex court saying that if Judge did not discuss the contentions raised by the parties in judgement that parties should file review before that judge.”

Could you provide me this judgement or part of it? My case is concerned with this. Thanks. - AKG

Avnish Kaur (Consultant)     12 January 2011

vishal (llb)     15 January 2011

when the judge writes an order sitting in his chamber, just saying "dismissed" or" no merits".   then problem arises as the  review  goes to same bench only,  who will never agree to  change the order. only the honest judge will accept his mistake.  yet to see an order reviewed and changed in SC. guptaji  i know of a case in SC  where the basic contention of the petitioner was not allowed to even mention in the court room  despite notice were given for the same. the bench allowed the respondednt(govt.) to speak but did not allow the petitioner to counter it and the SLP was dismissed. no reasons were stated for dismissal.  petitioner filed review but it was rejected saying no merit.  Now what you do ? some of the  SC judges are law   themselves. they know a poor litigant can not afford to continue fighting his case hence what ever he writes is last word and the petitioner go to hell.  There must be some way out when a order is not a speaking order. Law must provide for a speaking order by all judges including SC judges.   Is there any way out ?

vishal (llb)     15 January 2011

review is nothing but making fool, because RP is seen by the same judge/bench who will never agree to the mistake done. only the honest judge can do that and a honest judge ?.   i am yet to see an order reviewed and amended against govt.  in SC.  those who  are looking forward to become chairman of commission  hence never gives order against the govt.  Some of the SC judges are law themselves, knowing that poor petitioner can not continue costly exorbitant advocate fee, hence they can say what ever they want because there is no one above them. Who can ask them for a speaking order. They do not bother about Rule Of Law. Time has come when some law must be provided for speaking order for all judges including SC.     

vishal (llb)     17 January 2011

i also want to know the procedure how to ask the judge to give reasons for basing the judgemnet/order.  just saying" no merit" or  "dismissed" is nothing but dictatorship and arbitrary action.

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