Criminal revision approved to direct the lower appellate court to pass a reasoned order granting the appellant reasonable time to pay compensation before considering remand.
Direction to lower court to pass appropriate order enabling payment of money within reasonable time after hearing both sides.
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GAHC010195692019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 965/2019
1:UJJAL KONWAR
S/O LATE INDRESWAR KONWAR, R/O VILL-BORLAIPULI MORANKARI, P.O.-KODOMONI, P.S.-BORDUBI, DIST-TINSUKIA, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:INDUSIND BANK LTD TINSUKIA BRANCH TINSUKIA ASSA
Advocate for the Petitioner : MR. R SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 22-10-2019
Heard Mr. R. Sarma, learned counsel for the petitioner and Mr. A. Bhattacharjee, learned counsel for the respondent No.2. State of Assam is a formal party.
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the learned appellate court has directed that as the appellant has failed to pay the money as directed on 26.03.2019, the trial court will have no impediment in sending the appellant to jail to serve out the sentence and also directed the matter to be posted on 13.08.2019 for passing necessary order.
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petitioner without considering the content of the petition and without assigning reason for rejection of the petition. A reasoned order is always essential while passing a judicial order and justice demands fairplay while dismissing the matter before the court. If a person prayed before the court for in inability to pay the money, as directed, the court ought to have consider such reason and pass appropriate order instead of outright rejection of the same, as it would tantamount to refusal to hear the appellant. The appeal is a statutory right on the part of a litigant.
JUDGE
milansinha
Comparing Assistant
2 issues framed by the court
Whether the appellate court committed an error in dismissing the petitioner's request to defer payment without providing reasons.
Whether the impugned order directing imprisonment due to non-payment of compensation was passed via a reasoned or unreasoned judgment.
1 provisions across 1 enactments
Ujjal Konwar
The State of Assam
IndusInd Bank Ltd
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
