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Sunanda Mahendra Gaikwad : vs : State Of Maharashtra & Ors

Supreme Court Of India|22 January, 2013
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JUDGMENT / ORDER

Summary

Issue: Non-speaking order passed by the High Court
Rule: The Constitution of India, specifically Article 226 and Article 14
Application: The High Court's order is being challenged for being a non-speaking order, as it did not consider the factual and legal controversies involved in the case.
Conclusion: The Supreme Court has set aside the non-speaking order passed by the High Court and remanded the matter for consideration on merits.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 764 OF 2013 (Arising out of SLP(C) No.5325/2011) SUNANDA MAHENDRA GAIKWAD Appellant(s) :VERSUS:
STATE OF MAHARASHTRA & ORS. Respondent(s) O R D E R Leave granted.
We have heard the learned counsel for the parties.
A perusal of the order passed by the High Court clearly shows that it is a non-speaking order. The writ petition has been disposed of in a perfunctory manner, without considering either the factual or the legal controversy involved. In our opinion, the impugned order cannot be sustained in law. On this short ground alone, the impugned order passed by the High Court is set aside and the matter is remanded back to the High Court for consideration of the writ petition on merits.
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It is brought to our notice by the learned counsel for the appellant that he did not have the opportunity to file rejoinder affidavit before the High Court. If that be so, the appellant may be permitted to file rejoinder affidavit before the High Court and thereafter the writ petition be set down for final disposal. Hearing of the writ petition also be expedited.
The appeal is disposed of with the aforementioned observations and directions.
. J (SURINDER SINGH NIJJAR) . J (ANIL R. DAVE) New Delhi; January 22, 2013.
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Title

Sunanda Mahendra Gaikwad : vs : State Of Maharashtra & Ors

Court

Supreme Court Of India

JudgmentDate
22 January, 2013
Judges
  • Surinder Singh Nijjar
  • Anil R Dave