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january 2008

Supreme Court of India · 2008-01-15

STATE OF U.P. vs M/S. WASIM AHMED

Citation / case number
SC 2006/8743
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
M/S. WASIM AHMED
Bench
TARUN CHATTERJEE & DALVEER BHANDARI

Judgment text excerpt

The Supreme Court held that the Allahabad High Court's dismissal of the first appeal was unsustainable as it failed to apply its mind to the merits of the case, violating the requirement for a reasoned decision in accordance with law. The Court emphasized that a first appeal must be decided on both law and facts, and thus set aside the High Court's order, directing it to rehear the appeal with proper consideration. The appeal was allowed, and the matter was remanded to the High Court for a fresh decision within two months.

STATE OF U.P. vs M/S. WASIM AHMED · Niyam