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sanjeev rajpurohit   29 March 2020

Order of appellant authority

in a bank case if a c.s.o APPEAL TO THE APPELLANT AUTHORITY AGAINST THE ORDER OF DISCIPLINARY AUTHORITY THEN THE ORDER OF APPELLANT AUTHORITY SHOULD BE A SPEAKING ORDER OR NOT (2)WHAT ARE CONTAIN OF A SPEAKING ORDER


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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 March 2020

1, Speaking order can be pronounced ONLY by the Trial Court /Authority, AFTER taking into consideration the documentary evidences & witnesses of both the parties.

2. Appeal Court CANNOT conduct trial proceedings and is liable only for merits of the order of  Trial Court /Authority.

Keep Smiling .... Hemant Agarwal
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Sudhir Kumar, Advocate (Advocate)     15 April 2020

the order fo Appellate Authority has to be speaking one.

Sudhir Kumar, Advocate (Advocate)     15 April 2020

is this same case

 

https://www.lawyersclubindia.com/forum/Disciplinary-authority-him-self-committing-in-a-disciplinary-action-208814.asp

P. Venu (Advocate)     15 April 2020

It is mandatory that quasi-judicial decisions/orders prejudicially affectng the rights of  persons need to be speaking orders; speaking order denotes the setting out the facts and grounds that had led the said authority in arriving at the said decision. Non-speaking Orders are liable to be set aside in judicial review.


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