SUDIPTA CHAKROBARTY & ANR. versus RANAGHAT S.D. HOSPITAL & ORS.

SUDIPTA CHAKROBARTY & ANR. versus RANAGHAT S.D. HOSPITAL & ORS.

The practice of pronouncing operative orders without supporting reasons is prejudicial and must be discontinued; reasoned judgments must be passed along with operative orders and any pending reasons must be supplied within two months; delay in delivery of reasoned judgments may violate Article 21 of the Constitution.

Parties
Appellants: SUDIPTA CHAKROBARTY & ANR.; Respondents: RANAGHAT S.D. HOSPITAL & ORS.
Jurisdiction
India
Judgment Date
15 February 2021
Procedural Posture
Civil Appeal / Disposed of
Outcome
Appeal disposed of
Legal Topics
Delay in Delivery of Judgments, Reasoned Judgments, Article 21, National Consumer Disputes Redressal Commission
Practice and Procedure Constitutional Law Consumer Law Delay in Delivery of Judgments Reasoned Judgments Article 21 National Consumer Disputes Redressal Commission

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Parties

SUDIPTA CHAKROBARTY & ANR.

Appellants

RANAGHAT S.D. HOSPITAL & ORS.

Respondents

Procedural Posture

Civil Appeal / Disposed of

Legal Issues

  1. 1 Whether pronouncing the final operative part of the order without supporting reasons prejudices the rights of aggrieved parties
  2. 2 Whether delay in delivery of reasoned judgments amounts to violation of Article 21 of the Constitution
  3. 3 Whether reasoned judgments must be passed along with operative orders and pending reasons supplied within a specified time

Ratio Decidendi

The practice of pronouncing operative orders without supporting reasons is prejudicial and must be discontinued; reasoned judgments must be passed along with operative orders and any pending reasons must be supplied within two months; delay in delivery of reasoned judgments may violate Article 21 of the Constitution.

Court Disposition

Appeal disposed of

Orders

  • Order to be placed before the President of the National Consumer Disputes Redressal Commission to look into the matter and take necessary steps to discontinue the practice and ensure reasoned judgments are passed along with operative orders
  • In all matters where reasons are yet to be delivered, the reasons shall be made available to the litigating parties within two months