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april 2011

Supreme Court of India · 2011-04-25

U.P. Avas Evam Vikas Parishad, Lucknow vs Sheo Narain Kushwaha & Ors

Citation / case number
AIR 2011 SC (CIVIL) 1326
Court
Supreme Court of India
Petitioner
U.P. Avas Evam Vikas Parishad, Lucknow
Respondent
Sheo Narain Kushwaha & Ors
Bench
A.K. Patnaik, R.V. Raveendran

Judgment text excerpt

The Supreme Court held that under Section 54 of the Land Acquisition Act, 1894, an appeal lies from the award of the Reference Court to the High Court, which must provide a reasoned judgment when dismissing an appeal. The Court emphasized that Order 41 Rule 11 of the Code of Civil Procedure mandates that appellate courts, including the High Court, must not issue non-speaking orders when dismissing appeals, as this violates the principles of justice and fair hearing. The Court set aside the non-speaking order of the Allahabad High Court and remanded the matter for a reasoned decision.

U.P. Avas Evam Vikas Parishad, Lucknow vs Sheo Narain Kushwaha & Ors · Niyam