LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Munirathnam (Scientist)     28 June 2010

What is speaking order

Hi All, What is the meaning of Speaking Order. What is the procedure to request to pass speaking order by the court. Under which section/Act respondent can ask for speaking order from Court.


 21 Replies

Smita_L01042008 (student)     28 June 2010

Dear Mr. Manirathnam,

 

Speaking orders means those orders which mentions the fact, reason, finding of the case and also reasons on basis of which such final order is passed.

mostly court orders are speaking orders. kindly clarify your query that ,which matter / dispute you are referring to in order to check the relevent procedure, act or section.

 

regards,

N.K.Assumi (Advocate)     28 June 2010

Simply put, a speaking order is an order which is written after applying one's mind to the issues involved and setting out the reasons for arriving at the decision/order based on the principles of law.

Munirathnam (Scientist)     28 June 2010

Dear SKJ,
 
Today I am learner for this topic, after getting sufficient knowledge, with the help of forum members, I can become master on this topic then I will be ready to help others.
 
Dear Sam,
 
Wife filed CrPC-125 on husband and court ordered husband to pay Rs.5000/- per month as Interim Maintenance whereas wife is not entitled for maintenance on below grounds. Husband belives that judge did not read the husband version before making his decision.
 
Please comment on this.
Grounds:
 
1.     Humbly submit that, as per section 125[1]of CrPC the main petition and the interim petition are not maintainable being the petitioner was not neglected by the respondent and the details are described below:
 
a.     Petitioner is asking money to pursue her Post Graduation, costing more than Rs.4,00,000/- rupees, point no.5 in the petitioner’s affidavit, without respondent’s consent by completely neglecting the matrimonial responsibilities as wife. Further submit that CrPC-125 do not attract for these kind of expenses. 
b.     Petitioner was having bank balance of amount around Rs.1,00,000/-, received from respondent account to petitioner account after marriage (refer: point no.26 in counter filed on 18-12-2009 in MC.No. AAA of 2009 and enclosures), provide information that petitioner was not neglected by the respondent and petitioner is approaching the Hon’ble court with unclean hands for wrongful gains by taking the advantage of sympathy and lenience of Hon’ble courts towards women.
c.      The petitioner was not neglected by the respondent and the petitioner was facilitated with a credit card of worth more than Rs.1,00,000/- (proof are submitted to the Hon’ble court as part of counter dated on 18-12-2009), for which respondent is responsible to clear the bills, provide information that respondent did not neglect the petitioner.
d.     The respondent invited the petitioner in the open court to join and lead the matrimonial life, whereas petitioner refused to join the respondent by saying, in open court, that respondent is unfit as her husband and is not interested to join the respondent this reveal information that respondent is not neglected and also reveals that it is the petitioner neglected matrimonial duties as wife.
 
2.     Humbly submit that, as per section 125[1][a] of CrPC the main petition and the interim petition are not maintainable being the petitioner version, prima facie, do not provide information that petitioner is unable to maintain herself as described below:
 
a.     Admittedly said in this petition that petitioner is highly educated and submit that petitioner is capable to do job and maintain herself.
b.     The documentary evidences submitted in this Hon’ble Court on 15-04-2010 (document from petitioner worked hospital) provide information that petitioner is well trained, has working experience and is capable of earning the amount that the Hon’ble court ordered as interim maintenance.
c.      Admittedly said in this petition and in the affidavit submitted in Hon’ble Supreme Court of India in the Transfer petition. No. BBB/2010 that petitioner is owner of Rs.40,00,000/- worth agriculture land in Talvar District and failed to supply information on not able to maintain herself using the huge agriculture land property.
d.     Petitioner is spending more than Rs.4,00,000/- without respondent consent and help reveals the petitioner’s capacity to maintain herself even without doing job.
e.     Further submit that, during this initial one year period i.e., from May-2008 to June-2009 petitioner maintained by herself and also spent more than Rs.2,00,000/- per year reveals the petitioner’s capacity to maintain herself.
 
3.     Further submit that petitioner is approaching the Hon’ble Court with unclean hands as described below:
 
a.     Petitioner is able to maintain herself and is capable of doing job to earn and maintain herself with her qualification and experience. Further submit petitioner maintained herself before marriage by earnings from her job.
b.     The petitioner is not disclosed the property details and income from the property and approaching the Hon’ble court with unclean hands for wrongful gains from the Hon’ble court. Further submit that respondent prayed the Hon’ble Court to order the petitioner to submit the property details and the income details to decide interim maintenance but the petitioner failed to disclose the details of property.
c.      Petitioner was having bank balance of amount around Rs.1,00,000/-, received from respondent account to petitioner account after marriage (refer: point no.26 in counter filed on 18-12-2009 in MC. No. AAA of 2009 and enclosures), provide information that petitioner was not neglected by the respondent and petitioner is approaching the Hon’ble court with unclean hands for wrongful gains by taking the advantage of sympathy and lenience of Hon’ble courts towards women.
d.     The petitioner was not neglected by the respondent and the petitioner was facilitated with a credit card of worth more than Rs.1,00,000/- (proof are submitted to the Hon’ble court as part of counter dated on 18-12-2009), for which respondent is responsible to clear the bills, provide information that respondent did not neglect the petitioner.
e.     The letter received from Deputy Commissioner of Police, under Right To Information Act-2005, submitted in the Hon’ble Court on 18-12-2009, saying that the petitioners allegations are said to be false based on the evidences submitted to police with references for further validation, provide information that no prima face case of cruelty is established, hence there is no sufficient reason for petitioner to stay separately from respondent.
f.       None of the cruelty allegations made by the petitioner in this petition are not supported by any of the documentary evidence that are possible to exist upon considering that allegation is true and even the blood relatives of the petitioner did not support petitioner’s cruelty allegations made in this petition during the police investigation on the petitioner’s complaint U/s 498A IPC on respondent and his relatives.
 
4.     Humbly submit that, as per section 125[4] of CrPC the main petition and the interim petition are not maintainable being the petition , prima facie, do not provide sufficient reason to live separately from respondent while respondent is ready to live with petitioner and lead life with her. The details are described below:
 
a.     The letter received from Deputy Commissioner of Police, under Right To Information Act-2005, submitted in the Hon’ble Court on 18-12-2009, saying that the petitioners allegations are said to be false based on the evidences submitted to police with references for further validation, provide information that no prima face case of cruelty is established, hence there is no sufficient reason for petitioner to stay separately from respondent.
b.     Humbly submit that none of the cruelty allegations of this petition were part of charge sheet filed by police on petitioner’s complaint U/s 498A, reveals petitioner is cooked the false story and approaching the Hon’ble court with unclean hands.
 
c.      Petitioner made the respondent got arrested under section 3 & 4 of Dowry Prohibition Act by giving false information to the police saying dowry viz., Rs.40,00,000/- worth agriculture land, 760 grams gold and Rs.3,00,000/- cash, is given at the time of marriage whereas it is admitted in her affidavit in a Transfer Petition.No.BBB/2010 on the file of Hon’ble Supreme Court of India that said property items were part of petitioner’s Sridhan received from their family tradition, reveals petitioner’s cruelty in implicating the respondent in criminal cases.
d.     Petitioner attempted to implicate the respondent and respondent’s relatives in criminal case by saying that her pregnancy was forcibly aborted and failed to register the case, reveals the petitioner’s cruel attitude towards respondent in implicating in false criminal cases.
e.     Petitioner attempted to implicate the respondent and respondent’s relatives in criminal case by saying respondent and his relatives took her gold ornaments and failed to register the case reveals the petitioners cruel attitude towards respondent and his relatives implicating in false criminal cases.
f.       The respondent expressed willingness, in open court, to lead matrimonial life with petitioner and also invited the petitioner in the open court on 18-03-2010, whereas petitioner insulted the respondent in open court saying respondent is unfit as her husband.  Petitioner’s attitude by saying the husband is only for paying maintenance and is not for leading matrimonial life, shows petitioner’s irresponsibility towards matrimonial duties of wife. 
 

Munirathnam (Scientist)     28 June 2010

Dear Assumi,

What is the procedure to pray the court to pass speaking order after passing the interim order. Does it possible to ask the court to pass speaking order once court passes the order (which is not describing the order in details).

legaljoe68 (member)     28 June 2010

I give the definition of speaking order as below

    In simple terms, a speaking order is an order that speaks for itself. The order should stand the test of legality, fairness, and reason at all the higher appellate forums. That is, the order should contain all the details of the issue, clear findings, and a reasoned order.

         

In Siemens Engg & manufacturing Company V UOI the Supreme Court held that “where an authority in exercise of a quasi judicial function, makes an order, it must record its reasons.

The Law Commission in its Fourteenth report ( Vol.II , P.694 , ch.31 ) suggested, “in the case of administrative decisions, provision should be made that they should be accompanied by reasons.”

In USA, The Administrative Procedure Act, Section 8 stipulates a speaking order. It reads, “All decisions (including initial, recommended and tentative decisions) shall include a statement of findings and conclusions and the reasons or basis thereof, on all material issues of fact, law or discretion presented on the record”.

 

1) Mohinder Singh Gill & Anr Vs The Chief Election Commissioner, New Delhi & Ors: (2) Laishram Tomba Singh Vs State of Manipur & Ors:,

(3) Union of India & Anr Vs GTC Industries Ltd Bombay:,

(4) State of AP Vs B.Satya Rao :.

 

The ratio laid down by the Apex Court  as well as this Court in Mohinder Singh Gill & Anr Vs The Chief Election Commissioner, New Delhi & Ors (supra), State of AP Vs B.Satya Rao (supra) and Laishram Tomba Singh Vs State of Manipur & Ors (supra) are that recording of reasons in the order having civil consequences is one of the requirement of principles of natural Justice and its validity must be judged by the reasons so mentioned and cannot be supplemented by the fresh reasons in the shape of the affidavit or otherwise.

1 Like

Munirathnam (Scientist)     29 June 2010

Hi Legaljoe,

Thanks a lot for your information. It is very muchuseful. But I have a question like:

If judge do not make any finding on the party made written statement....and passes the order/judgement what the party can do at that time.

Shall party ask court to consider th point and review the judgement....? is it valid in court of law....?

legaljoe68 (member)     29 June 2010

The party cannot force to toe his line of action . The action of the judge is dependent on the merits of the case and evidences on record. You are helpless of the judge doesnt listen to you. The remedy is to approach next authority for review or appeal as per the case details .

This is indian judiciary , if u say something against the judge it amounts ot contempt so be careful. u can criticize the staff of the court but u cannot criticize the judge or his judgemnt .

all the best

Munirathnam (Scientist)     29 June 2010

@Legaljoe68,

I do agree with you that party can not question the Judge decision. It is against the law. As you said approaching the next leval court is the right way to the party to question the validity of the lower court judgement. I will be doing it if required after reading the order passed by the court.

@SKJ,

I hope SKJ knows about Justice dhinakaran, former Karnataka High Court Chielf Justice, former Cheif Justice of India (I forgot his name) and the comment made by the Chielf Justice of Delhi High Court after his retirement. This is one side of story.... other side of story is that no punishment for the Judge for commiting the wrong then it is certain that some judges may misuse their power.

 

N.K.Assumi (Advocate)     30 June 2010

I agree with legaljoe68, no one can dictate the court, the Judge is free to decide rightly or wrongly He is free: as stated by Cordazo: It is all about the conscience of the Judge that will speak to him and ofcourse a buffon Judge will never be prick by his conscience.

Munirathnam (Scientist)     30 June 2010

Stupid SKJ, Never ever reply to my post. Who asked you to reply my post. If interested then you can reply else close your ASS and stay calm. Who has given right to comment me on peronal behaviour this forum. I never " **** " with your mother or sister. Which is making you make become like a mad person. I am learning law points and as per you I should not ask questions, dont you fell stupid. Suckking idot. Never post your comments to my post .... In this forum I am not expecting help from the stupids like you. Go nd f**K your wife live there. You are the perfect culprit to this society. You stupid having cption in your ID that fight with determination .... you never act like that. You idiot why do you reply to my post if you are not interested in my posts. You sukking idiot are the real culprits who recomend false cases and destroying the justice to this society. Dear forum members: Please read ll his posts to reveal his real behaviour. This moron is provocatig the victims and enjoying ....I think his wife is facing great problems with this guy.

Arup (UNEMPLOYED)     30 June 2010

legaljoe68 ,

Thanks for your efforts.  You are very perfect.

Quote

A speaking order is an order that speaks for itself.

The order should stand;

The test of legality;

Fairness, and

Reason at all the higher appellate forums.

That is, the order should contain all the details of the issue, clear findings, and a reasoned order.

Unquote.

The order is so fair and reasonable that it speaks about the order itself. On the other hand – There is no reasonable scope to complain against the order.

 

H. S. Thukral (Lawyer)     30 June 2010

There are three pillars of justice delivery system. First that other party should be heard, secondly no one should be judge in his own case and thrid is assigning the reasons. These are also important  principles of natural justice. If there is violation of these principles the action may be void.

In the old arbitration act the arbitrator might not pass a speaking award, yet the award was upheld but in the new act the arbitrator has also to give a speaking award i.e. he must give reasons  for arriving at a particular opinion otherwise award is vitiated. 

Munirathnam (Scientist)     30 June 2010

Dear Harbhajan Sir, I completely agree with you. This way one has to pass the order to decide whether party can got to next level court for appeal or not. This way only one can said whether judge made the order as per law provision. I understand that by default court pass speaking order....am I correct.?

H. S. Thukral (Lawyer)     30 June 2010

It is also a law that the arguments advanced by a party and law referred in the same if does not find mentioned in the order, it implies that the jjudge has considered his points and rejected the same. Therefore in revision or appeal you can plead that the Ld. trial judge faulted on your argued points by rejecting the same. Therefore in a non-speaking order, it can be said that what a party pleaded has been considered by the judge and passed the order however without assigning any reasons.    


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query