SAVITHRAMMA v. DEPUTY COMMNR., MANDYA DISTT. & ORS

Supreme Court of India · 08 May 2008

Tarun Chatterjee; Harjit Singh Bedi

CIVIL APPEAL NO.7894 OF 2002

civil appeal_allowed Significant

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The Supreme Court held that a Division Bench must pass a speaking and reasoned order under Section 4 of the Karnataka High Court Act and remanded the matter for such order, setting aside the non-speaking dismissal of the writ appeal.

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7894 OF 2002
SAVITHRAMMA .....APPELLANT(S)

VERSUS

DEPUTY COMMNR., MANDYA DISTT. & ORS. ....RESPONDENT(S)
In our view, the impugned

ORDER

of the Division Bench of the High Court which was passed under Section 4 of the Karnataka High Court Act, was not passed by a speaking and reasoned order. In fact, the only order which was passed is as follows :-
"We have heard learned counsel for the appellant.

2. We have also gone through the impugned order passed by the learned Single Judge. We entirely agree with the view taken by the learned Single Judge.

3. Accordingly, the writ appeal is dismissed." In this view of the matter, the impugned judgment is set aside and the matter is remi tted back to the High Court for passing a speaking and reasoned order in accordance with law. The appeal is allowed to the extent indicated above. The High Court is requested to decide the appeal in accordance with law preferably wi thin a period of three months from the date of communication of this order. There shall be no order as to costs .............................. J. ( TARUN CHATTERJEE ) ............................. J. ( HARJIT SINGH BEDI ) NEW DELHI; MAY 8, 2008.

SAVITHRAMMA v. DEPUTY COMMNR., MANDYA DISTT. & ORS

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