AI Overview...
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Counter Cannot Supplement - The courts have consistently held that reasons provided in a counter-affidavit cannot supplement or alter the reasons explicitly stated in the impugned order. Such supplementation is considered illegitimate because the validity of an order must be judged based solely on its own content and not on reasons introduced later through affidavits Dewanti Devi VS State of Jharkhand - Jharkhand, R. P. GARG. VS INDIAN OIL CORPORATION LTD. , NEW DELHI - Allahabad, R. P. Garg VS Indian Oil Corporation Ltd. - Allahabad.
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Supreme Court Precedents - The Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner (AIR 1978 SC 851) emphasized that reasons for administrative decisions must be contained within the order itself; subsequent explanations or reasons in affidavits cannot justify or alter the original order Hasbi Traders rep. by its Proprietor VS The Chief Engineer (Distribution), Tamil Nadu Electricity Board & Others - Madras.
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Legal Principles on Supplementing Reasons - Courts have ruled that an order’s legality is to be assessed on the grounds mentioned therein. Any attempt to introduce new reasons via counter-affidavits is invalid, as it undermines the principles of fair procedure and transparency Alok Kumar Agrawal VS State of Orissa - Orissa, Indian Oil Corporation Ltd. VS R. P. Garg - Allahabad, Aswini Kumar Samal VS Neelachal Ispat Nigam Ltd. - Orissa.
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Implications for Administrative Orders - Orders based on reasons not included in the original document cannot be validated or justified through affidavits. This principle ensures that administrative decisions are transparent, accountable, and based on the reasons explicitly recorded at the time of decision-making ANURIKA VAISH VS UNION OF INDIA - Allahabad, M/S.CHANDRAGIRI CONSTRUCTION COMPANY vs STATE OF KERALA - Kerala.
Analysis and Conclusion:
The consistent judicial stance across various cases underscores that reasons supporting an order must be explicitly stated within the order itself. Supplementing these reasons through counter-affidavits is not permissible and renders the order vulnerable to legal challenge. This ensures judicial review remains focused on the order’s own grounds, maintaining procedural integrity and preventing post hoc rationalizations.
Search Results for "Counter Cannot Supplement"
2015 0 Supreme(Jhk) 388 • India - Jharkhand
PRAMATH PATNAIK
affidavit cannot supplement order under challenge—Impugned order quashed with liberty to respondents to take de novo action in accordance ... dismissal suffers from gross illegality—Impugned order is cryptic and not supported by reasons—Reasons assigned in supplementary counter ... The reasons assigned in the supplementary affidavit cannot supplement the impugned order dated 12.12.2006 (Annexure-5 to the writ application). ... Learned Counsel for the petitioner by referring to the rejoinder to the #HL_S....
2008 0 Supreme(Mad) 4227 • India - Madras
D.MURUGESAN, V.PERIYA KARUPPIAH
Further the counter affidavit cannot supplement the reasons as held by the Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851. ... That apart, by a subsequent order dated 3. 2004, though the respondent-Board had taken the stand that the tender of the appellant was not accepted as the same was not approved by the tender committee as the market rate was higher than the rate offered by the tenderers, in the counter affidavit it takes ... In paragraph-8 of the said judgment, the Supreme Cour....
2015 0 Supreme(Ori) 233 • India - Orissa
A.K.RATH
When a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned arid cannot ... or otherwise - In the absence of any allegations or infraction of the provisions of the Seed Control Order, 1983 the petitioner cannot ... Further, in the counter affidavit the opposite parties cannot supplement the reasons. ... 7. Per contra Mr. Muduli, learned Addl. ... Pursuant to issue of notice, a counter affidavit has been filed by the opp....
2006 0 Supreme(All) 3142 • India - Allahabad
PANKAJ MITHAL
The impugned order has to be judged in the light of what has been contained in it and not on the basis of the stand or the defence taken in the counter affidavit. The respondents, by counter affidavit cannot supplement reasons which are not contained in the impugned order. ... Therefore, the period of probation of the petitioner cannot exceed the above period. ... Your services cannot therefore be regarded as confirmed. Your services are no longer required by the Corporation and hence ....
2006 0 Supreme(All) 3143 • India - Allahabad
PANKAJ MITHAL
for one year—Services terminated after completion of one year’s service—Held terms and conditions contained in appointment letter cannot ... The impugned order has to be judged in the light of what has been contained in it and not on the basis of the stand or the defence taken in the counter-affidavit. The respondents, by counter-affidavit cannot supplement reasons which are not contained in the impugned order. ... Therefore, the period of probation of the petitioner cannot exceed the ....
2006 0 Supreme(Mad) 3132 • India - Madras
R.BANUMATHI
Authorities are expected to furnish reasoning and the impugned order does not satisfy the requirements under Section 167 of the Act; ... " The reasoning/grounds stated in counter claim cannot supplement the impugned order, which is otherwise lacking reasoning. ... It was further submitted that the Order passed on certain grounds and its validity must be judged only on the impugned order and the same cannot be supplemented either by the counter or by producing file. ... The learned Counsel for the Petiti....
2014 0 Supreme(All) 1470 • India - Allahabad
VINEET SARAN, HARSH KUMAR
Sri Misra has further contended that the reason supplemented by the appellant-Corporation in the counter-affidavit with regard to termination of his service cannot be looked into, as fresh reasons given in the counter-affidavit cannot supplement the reasons given in the termination order. ... Even otherwise, in the counter-affidavit the respondent cannot supplement reasons, which are not contained in the impugned order. In this regard, the learned Si....
2017 0 Supreme(Ori) 579 • India - Orissa
B.R.SARANGI
be changed or modified by way of counter affidavit. ... Ratio Decidendi: The court held that the interpretation of the advertisement and the subsequent actions of the selection committee cannot ... Thereby, the authorities have acted contrary to the provisions of law and, as such, the counter affidavit cannot supplement and supplant the views taken by the selection committee contrary to the advertisement issued. ... More so, in the counter affidavit the opposite party authorities #HL_S....
2025 Supreme(Online)(Ker) 33220 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
1, 2, 3, 4) ... ... (B) Authority of State - The court held the state cannot ... It is a settled principle, that the State would not be in a position to supplement reasons which are not finding a place in an impugned order, through a counter affidavit. ... notice the contention raised by Sri.Davis, with respect to Ext.R4(p) to show that there were no such reasons and I hold that insofar as the afore has not been included in the order issued at Ext.P22, the respondents would not be justified in harping upon the same by producing the same....
2015 0 Supreme(All) 1515 • India - Allahabad
A.P.SAHI, VIVEK KUMAR BIRLA
As a matter of fact, in our opinion, each candidates’ candidature, who had been selected and appointed, ought to have been dealt with separately as is sought to be canvassed through the counter-affidavit. The counter-affidavit cannot supplement the resolution. ... The counter-affidavit also does not bring on record any such status report. ... The formation of an opinion cannot exclude the version of the other side if the rights of a person are being affected. ... He describes the neces....
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