Ratio decidendi in S.N.Mukherjee Vs Union of India Please.

Ratio of S.N. Mukherjee Case (AIR 1990 SC 1984):

Kindly also look at the decision of P & H HC in Maj. Dimple Singla v. Union of India of 2008, wherein it is observed that : The words "if the Court overrules" have inherent in them the requirement of reasons so as to overrule the plea. Thus, even if such rule is silent regarding recording of reasons, it is inherent in the word `overrule'. Thus, in this case it is held that reasons are required to be to be recorded in cases of special plea.

My Dear Sunaina, thank you for your responds. it appears that the case of Dimple Singla is very relevant, but unfortunately i am not having that case.

Please find below the link for Dimple Singla Case

https://indiankanoon.org/doc/22476/

Hey! that was Great of you. Thank you my dear.

Dear Assumi Sir,

    In the case of Maneka Gandhi vs. Union of India AIR 1978 Supreme Court 597, their Lordships of the Supreme Court laid down the following principle. The Courts insists upon disclosure of reasons in support of the order on three grounds :

(1) the party aggrieved has the opportunity to demonstrate before the appellate or revisional court that the reasons which persuaded the authority to reject his case were erroneous ;

(2) the obligation to record reasons operates as a deterrent against possible arbitrary action by executive authority invested with judicial power;

and (3) it gives satisfaction to the party against whom the order is made. The power to refuse to disclose reasons in support of the order is “exceptional in nature and it ought to be exercised fairly, sparingly and only when fully justified by the exigencies of an uncommon situation”.

Similar view has been expressed in S.N. Mukherjee vs. Union of India AIR 1990 Supreme Court 1984.

Dear Sir.Shree, thank you for your valuable contributions on the subject.

 Sir I'm a law student. Can u please tell me where can i get brief information on several cases. i find the cases on this site quite lengthy.