High Courts have duty to pass reasoned order when refusing relief: Supreme Court

“When the Constitution grants the High Court’s the power to give relief, the courts would be failing in their duty if relief is denied without adequate reasons,” the Supreme Court stated.

On Monday, the Supreme Court ruled that when a number of issues/grounds are raised before the High Court in a plea under Article 226 of the Indian Constitution, the High Court is required to deal with them and issue a reasoned order [Vishal Ashwin Patel vs Assistant Commissioner of Income Tax Circle 25(3) and others].

The Court was hearing an appeal against a Bombay High Court order that; dismissed petitions challenging the reopening of assessment/reassessment proceedings.

Based on its decisions in Central Board of Trustees vs Indore Composite Private Limited (2018) and Union Public Service Commission vs Bibhu Prasad Sarangi and Others (2021), the Supreme Court held that; in exercising its powers under Article 226, the High Court must consider the issues in a case independently.

“The reasons constitute the soul of judicial decision, and how Judges communicate in their judgment is a defining feature of the judicial process because quality of justice brings legitimacy to the judiciary,” the Bench observed.

In view of the foregoing considerations, and without delving into the merits of the case; the Supreme Court referred the case back to the High Court for a new hearing on the merits.

Respondents  represented by; Additional Solicitor General Balbir Singh and Advocate Raj Bahadur Yadav and on the appellant side Advocate Raj Mittal  appeared

Read more blogs@advocatetanwar.com

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.