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february 2008

Supreme Court of India · 2008-02-25

M/S Goyal Enterprises vs State Of Jharkhand & Anr

Citation / case number
AIR 2008 SUPREME COURT 1510
Court
Supreme Court of India
Petitioner
M/S Goyal Enterprises
Respondent
State Of Jharkhand & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, J.M. Panchal

Judgment text excerpt

The Supreme Court held that the Jharkhand High Court's refusal to grant leave to appeal under Section 378(4) Cr.P.C. was unsustainable due to the absence of reasons in its order, which is a violation of judicial discipline and Article 141 of the Constitution of India. The Court emphasized that a speaking order is imperative for clarity and justice, referencing previous judgments such as State of U.P. v. Battan and State of Maharashtra v. Vithal Rao Pritirao Chawan. The appeal was allowed, and the High Court's order was set aside, ensuring that the acquittal could be scrutinized by an appellate forum.

M/S Goyal Enterprises vs State Of Jharkhand & Anr · Niyam