SWARAN LATA GHOSH versus H. K. BANERJEE AND ANR.

SWARAN LATA GHOSH versus H. K. BANERJEE AND ANR.

Where a suit is contested on merits with substantial issues of fact and law, the trial judge must record a full judgment giving reasons; failure to do so is not in accordance with law, even in the Chartered High Courts, and warrants remand for a proper trial with reasons recorded.

Parties
Appellant: Swaran Lata Ghosh; Respondent: H. K. Banerjee; Respondent: Arun Kumar
Jurisdiction
India
Judgment Date
12 March 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Calcutta High Court, Judgment and Order Dated August 4, 1964
Outcome
Decree set aside; suit remanded for retrial.
Legal Topics
Chartered High Courts, Judgment Writing, Duty to Record Reasons, Remand for Fresh Trial
Practice and Procedure Civil Procedure Chartered High Courts Judgment Writing Duty to Record Reasons Remand for Fresh Trial

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Parties

Swaran Lata Ghosh

Appellant

H. K. Banerjee

Respondent

Arun Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Calcutta High Court, Judgment and Order Dated August 4, 1964

Legal Issues

  1. 1 Whether the Judge of a Chartered High Court is obliged to record reasons in the judgment when substantial issues are raised and trial held on merits
  2. 2 Whether failure to record reasons in a contested suit constitutes a proper trial according to law

Ratio Decidendi

Where a suit is contested on merits with substantial issues of fact and law, the trial judge must record a full judgment giving reasons; failure to do so is not in accordance with law, even in the Chartered High Courts, and warrants remand for a proper trial with reasons recorded.

Court Disposition

Decree set aside; suit remanded for retrial.

Orders

  • The decree passed by the High Court is set aside.
  • The suit stands remanded to the Court of First Instance for trial according to law.