Thursday, September 15, 2011

GIVE REASONS FOR DISMISSING APPEALS: SC TELLS COURTS

The Supreme court has ruled that court should give reasons for its decision and should not dismiss an
appeal with a cryptic order. The Delhi High Court had dismissed the appeal of the importer against the customs tribunal's order with a cryptic order though seven substantial questions were raised. One of the issues was the power of the Additional Director General in the Directorate of Revenue Intelligence. However, the High Court did not deal with any. The Supreme Court states that every litigant who approaches the court for relief is entitled to know for the reason for acceptance or rejection of his prayer, particularly when either of the party has a right to appeal. Otherwise the right of appeal will not be meaningful. The Tribunal was asked to reconsider the case.

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