Courts need to pass reasoned orders: SC

The Supreme Court has said that courts need to pass a reasoned order in every case which would enable the parties involved in the litigation to understand as to “why one party has won and other has lost”.

The top court remanded back to the Madhya Pradesh High Court at Indore, a matter related to provident fund contribution for deciding it afresh.

A bench of justices A M Sapre and Navin Sinha said that the order of the court should highlight the legal principles applicable to the issues involved.

“Time and again, this court has emphasised on the courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis (legal issue, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned counsel for the parties in support of its conclusion,” the bench said.

The court said it is really unfortunate that the division bench (of high court) failed to keep in mind these principles while disposing of the writ petition.

The order would enable the parties involved in the litigation to understand as to “why one party has won and other has lost”