cpc

Desirability of Speaking orders.


State of rajasthan vs Rohitas & Others: Cr.Appeal No.361 of 2008: The absence of reasons will render any judicial order not sustainable.Every order must set forth its reasons, however brief it is, indicating an application of mind to the matter before the Court. By setting aside the High Court's non-speaking order refusing to grant leave to prefer an appeal in terms of section 378 (1) Cr.PC., the Supreme Court reiterated that failure to give reasons amounts to denial of Justice and right to reason is an indespensable part of a sound judicial system.

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Published in Criminal Law
Source : Resources from Indian law, Resources from Indian law
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