VidhiSangh

Supreme Court of India · 21/10/2024

RATILAL JHAVERBHAI PARMAR AND ORS. versus STATE OF GUJARAT AND ORS.

[2024] 10 S.C.R. 2227 · 2024 INSC 801

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A High Court Judge dismissed a petition in open court with the single word 'dismissed', without saying reasons would follow, and then dictated a reasoned 'oral order' more than a year later bearing the original date. The Supreme Court set that order aside and restored the petition, holding that the Judge had become functus officio. It also advised that a Judge who pronounces only the outcome with 'reasons to follow' should publish the reasons preferably within two days and never beyond five, failing which the judgment should be reserved.

Issues

  1. Whether a High Court Judge who pronounced 'dismissed' in open court without stating that reasons would follow could later assign reasons, and whether a reasoned order dictated more than a year later but dated on the day of hearing could stand.
  2. What practice should govern pronouncement of the operative part of a judgment with reasons to follow.

Provisions considered

Held

Result

Appeal allowed; impugned order bearing the date 01.03.2023 set aside; Article 227 petition restored to the High Court's file, with the Chief Justice requested to place it before the Judge currently holding the assignment. It is to be decided uninfluenced by the set-aside order; merits not examined.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 2227.