Supreme Court remands case to High Court due to non-reasoned order, directs consideration on merits. The Supreme Court remanded the matter to the High Court due to a non-speaking and non-reasoned order. The Court found the High Court's dismissal of the ...
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Supreme Court remands case to High Court due to non-reasoned order, directs consideration on merits.
The Supreme Court remanded the matter to the High Court due to a non-speaking and non-reasoned order. The Court found the High Court's dismissal of the writ petition to be casual and cursory, lacking discussion on merits. Citing a previous decision, the Supreme Court set aside the impugned order and directed the High Court to decide the writ petition on merits with a reasoned order. The appeal was allowed with no costs imposed.
Issues: Remand of matter to High Court due to non-speaking and non-reasoned order.
Analysis: The Supreme Court, comprising Hon'ble Mr. Justice M.R. Shah and Hon'ble Mrs. Justice B.V. Nagarathna, issued notice in a matter where the impugned judgment and order passed by the High Court was deemed non-speaking and non-reasoned. Referring to a previous decision, the Court decided to remand the matter to the High Court. The respondents were requested to accept notice, and leave was granted in the case. The Court expressed dissatisfaction with the High Court's dismissal of the writ petition in a casual and cursory manner, highlighting that the order was non-speaking and lacked discussion on merits. Citing a recent decision where a similar order was set aside and remanded, the Supreme Court set aside the impugned order and directed the High Court to decide the writ petition on merits, passing a reasoned and speaking order. The appeal was allowed accordingly, with no costs imposed.
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