Sunday, September 26, 2010

Avoid cryptic disposal of appeals: Supreme Court

The Supreme Court has asked High Courts not to dispose of appeals, particularly in civil disputes, cryptically without adverting to factual details and giving valid reasons.

“The appellate court has jurisdiction to reverse or affirm the findings of the trial court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case therein is open to rehearing both on questions of fact and law. The judgment of the appellate court must, therefore, reflect its conscious application of mind and record findings supported by reasons, on all the issues arising along with the contentions put forth and pressed by the parties for a decision of the appellate court,” said a Bench of Justices P. Sathasivam and B.S. Chauhan

The Bench said: “Sitting as a court of appeal, it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings.”

It quoted an earlier decision which dealt with how a regular first appeal should be disposed of by the appellate court/High Court.

The order must state the points for determination; the decision thereon; reasons for the decision; and where the decree appealed was reversed or varied, the relief to which the appellant was entitled.

In the instant case, B.V. Nagesh complained that the Karnataka High Court, without adverting to all factual details and various grounds raised, disposed of an appeal cryptically and set aside the lower court's judgment. Setting aside the impugned judgment, the Supreme Court held that the High Court had failed to discharge its obligation as a first appellate court.

No comments:

Post a Comment