Findings without reasons
1 Legal Principle - What is Finding of Facts - Presupposes application of Mind - Recording of Reasons:
2 Legal Principle - Failure to address basic Issues raised - Appellate Court passing Reasoned Decision not sufficient - the Competent Authority must pass a Reasoned Order - Matter Remanded:
3 Legal Principle - One of the salutary requirements of natural justice is spelling out reasons for the order made. The absence of reasons makes the Order unsustainable:
4 Legal Principle - Obligations to Record reasons by Administrative Authorities whilst deciding upon the important rights of subjects / Citizens / whilst discharging quasi judicial functions:
5 Legal Principle - Impugned orders set aside only on the ground that they do not disclose the reasons for the conclusions reached:
6 Legal Principle – Absence of reasons in refusing to continue the Affiliation makes the Order liable to be set aside:
7 What is necessary is that, the reasons are clear and explicit so as to indicate that the authority has given due consideration to the points in controversy.
8 Merely giving a show cause notice and seeking a reply is not sufficient; the reply must be considered and the Order must reflect consideration of such reply.
9 The Judge while passing an order has to not only record the case of the parties but also must give reasons for reaching to a conclusion.
10 The Order and Notice may be set aside on the grounds that Reply filed by the Petitioners was not considered whilst passing Order.
11 Even where the Authorities are inclined to reject the application, which they are entitled to, they must assign reasons for such objection and adhere to proper procedure, including due process.
12 Insistence on recording of reasons is meant to further the principles of natural justice, ensuring that justice must not only be done but it also be seen to be done.
13 To evaluate the submissions is obligation of the Court and to know the reasons for rejection of its contention is a legitimate expectation of a litigant.
14 Merely recording “having perused the record” and “on the facts and circumstances of the case” does not subserve the purpose of a reasoned judicial order.