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february 2008

Supreme Court of India · 2008-02-25

M/S GOYAL ENTERPRISES vs STATE OF JHARKHAND

Citation / case number
SC 2006/20501
Court
Supreme Court of India
Petitioner
M/S GOYAL ENTERPRISES
Respondent
STATE OF JHARKHAND
Author
ARIJIT PASAYAT
Bench
J.M. PANCHAL DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Jharkhand High Court's refusal to grant leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973, was unsustainable due to the absence of reasons in its order. The Court emphasized that a speaking order is essential for clarity and judicial discipline, as established in previous cases such as State of U.P. v. Battan and State of Maharashtra v. Vithal Rao Pritirao Chawan. The Court set aside the High Court's order, allowing the appeal to proceed for a thorough examination of the acquittal.

M/S GOYAL ENTERPRISES vs STATE OF JHARKHAND · Niyam