TaxTMI 
TaxTMI 
2024 (10) TMI 1693
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.... to it, the present case unfolds facts which are equally disturbing and meets with our disapproval. 5. However, before we refer to the factual matrix giving rise to this civil appeal, noticing a decision of fairly recent origin of this Court in Balaji Baliram Mupade vs State of Maharashtra (2021) 12 SCC 603 is considered imperative. Relevant excerpts from such decision read as follows: "1. ... Judicial discipline requires promptness in delivery of judgments-an aspect repeatedly emphasised by this Court. The problem is compounded where the result is known but not the reasons. This deprives any aggrieved party of the opportunity to seek further judicial redressal in the next tier of judicial scrutiny. * * * * * 10. We must note with regret that the counsel extended through various judicial pronouncements including the one referred to aforesaid appear to have been ignored, more importantly where oral orders are pronounced. In case of such orders, it is expected that they are either dictated in the court or at least must follow immediately thereafter, to facilitate any aggrieved party to seek redressal from the higher court. The delay in delivery of judgments has been observed t....
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....re facts necessary for decision, without any reference to the facts and law involved in the case before the High Court, culled out from the pleadings before us are these. 9. R/Special Civil Application No. 10912 of 2015 petition, hereafter, being a petition under Article 227 of the Constitution of India, was filed by the appellant before the High Court challenging an order dated 16th June, 2015 passed by the Deputy Collector, Kamrej Prant, District Surat. The Deputy Collector, by such order, had confirmed the order dated 23rd February, 2015 of the Mamlatdar, Kamrej. The petition came up for consideration on 1st March, 2023 before a learned Judge, having been listed in the causelist as Item No.17. According to the appellant, he was represented before the learned Judge by his counsel. Hearing having concluded on 1st March, 2023, "he was under the belief that the detailed order is reserved in the proceeding. However, even an order recording the reserving of orders has not been passed or made available on the official website of the Hon'ble High Court till date". Since the detailed order was not pronounced, the appellant's counsel did not also apply for the certified copy. In the proc....
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....t feigned complete ignorance and deliberately did not plead that his counsel was well and truly aware of the outcome of the petition moments after hearing stood concluded before the learned Judge. 14. At the same time, from the proceedings of the court of the learned Judge available on the virtual platform, it is patently clear that His Lordship did not even express that the 'reasons would follow' for the dismissal of the petition. Not having so expressed, His Lordship practically rendered the court functus officio. We say so because it is not too clear as to whether any order of dismissal was signed by His Lordship on 1st March, 2023, or at any point of time immediately thereafter, although we have noted from the report that the Disposal Log Report of 1st March, 2023 of His Lordship's court duly recorded that the petition stood disposed of. In Vinod Kumar Singh v. Banaras Hindu University (1988) 1 SCC 80, this Court held that when a judgment is pronounced in open court, parties act on the basis that it is the operative judgment and that signing is a mere formality; however, in exceptional circumstances, an order pronounced in open court can be amended or even altered before the s....
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....t proceedings and there is wide coverage thereof on social media platforms, the presiding officers of courts are equally at the centre of attention as the controversy that is involved and the manner of its resolution. The society expects every Judge of a high court, so to say, to be a model of rectitude, an epitome of unimpeachable integrity and unwavering principles, a champion of moral excellence, and an embodiment of professionalism, who can consistently deliver work of high-quality guaranteeing justice. Although, on the whole, the weight of work on learned Judges of the high courts across the country is immense and the Judges have also been performing commendably despite various odds, instances such as the one under consideration, which we view as nothing more than an aberration, bring disrepute to the judicial system of the country and show the entire judiciary in poor light. This, in our opinion, could have well been avoided with a little bit of care and caution, and deference to the decisions on the point by this Court. 19. The situation presents us with an opportunity where we feel it expedient to share our thoughts only for the purpose of future guidance to overcome adver....
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....actice, no doubt, seeks to serve a salutary purpose. People unversed with the functioning of the judicial system are perhaps unaware as to how development of this practice has contributed to saving of precious judicial time, which the learned Judges invariably devote and utilize for hearing more cases that are on board in the anxiety to consider and decide as many cases as are possible during the scheduled working orders. Burdened though with immense pressure of work and brushing aside fatigue, which is quite likely to develop, the learned Judges after retiring for the day dictate the judgment in their court chambers or in their residential offices either on the same day or within a few days thereafter. The hearing having concluded not too long back, the arguments remain fresh in the mind of the learned Judges and it becomes all the more easy to dictate the judgment. While this approach without a doubt has its own benefits, recent happenings leave us to lament that reasons for the conclusion reached are being placed in the public domain much too late, as in the case of Balaji Baliram Mupade (supra) as well as this case. In an attempt to save time to attend to as many cases as possi....
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.... days thereof but, in any case, not beyond 5 (five) days to eliminate any kind of suspicion in the mind of the party losing the legal battle. If the pressure of work is such that in the assessment of the learned Judge the reasons in support of the final judgment cannot be made available, without fail, in 5 (five) days, it would be a better option to reserve the judgment. Also, if the ultimate order would have the effect of changing the status of the parties or the subject matter of the lis, it would always be advisable to stick to the course envisaged in Order XX. Since, the fraternity of learned Judges of all the courts are interested to preserve the dignity of the respective judicial institutions with which they are associated, all learned Judges must be mindful of the impact of their actions on the society at large. Dealing with lakhs of litigation is no mean task, but at the same time we must realize that instances do emerge leaving absolutely no margin for error. It is our duty as Judges to stand tall and rise to the challenge. 20. While concluding, we are reminded of the universal truth "to err is human, to forgive is divine" emphasizing the human tendency of committing mist....