Essential dispensation in Orders of the Court
1 Legal Principle – Sound Orders of Court-Requisites – Not in Contravention of Public Policy - judicial approach - principles of natural justice – application of mind attendant facts and circumstances:
2 Legal Principle - Decisions of Courts - Tribunals - Quasi Judicial Authorities – Important Requisites:
3 Legal Principle - Decisions of Courts - Tribunals - Quasi Judicial Authorities - Putting up Questions - Powers of the Court:
4 Legal Principle - Decisions of Courts - Tribunals - Quasi Judicial Authorities – proper consideration of Case of the parties – reasoned decisions:
5 Passing of speaking order, discussion of relevant case law, analysis of defence pleas, and recording of findings is an essential requirement of natural justice.
6 The requirement to record reasons is one of the principles of natural justice. Reasons are the soul and spirit of a good judgment or order.
7 An order passed without application of mind deserves to be annulled being an arbitrary exercise of power.
8 Failure of the Court to decide matter on merits of the Case amounts to failure to exercise jurisdiction.
9 Showing undue favour to a party is the worst kind of judicial dishonesty and misconduct.