Report No. 95
27. Should an appellate court necessarily write a reasoned judgment-
(a) in every case irrespective of its outcome?
(b) only when it reverses the verdict of the lower court?
The practice of dismissing criminal appeals in limine with one word "dismissed" has been frowned upon by the Supreme Court (K.K. Jain v. State of Maharashtra, AIR 1973 SC 243; Sakharam v. State of Maharashtra, (1969) 3 SCC 730; Shaikh Mohd. Ali v. State of Maharashtra, AIR 1973 SC 43; Shankar v. Ganaubai, AIR 1976 SC 2506). The practice in the United States Supreme Court of passing a four word order "the judgment is affirmed" has been criticised by Professor Gerald Guather as being 'irresponsible' and 'lawless', (Doc v. Commonwealth's Attorney, The Brethren, pp. 425).
Back
