AI Overview...
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No Judicial Order can be Passed on Memo - Judicial orders must be based on formal, written, and lawful proceedings; passing a judicial order solely based on a memo is not permissible. Glanis, W/o. Late Anil Abraham VS Lazar Manjila, S/o. Joy Manjila - Kerala, Abdul Rashid Sahib VS Ramachandran - Madras
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Orders must comply with legal and procedural requirements - Courts have emphasized that decrees or orders should adhere to mandatory legal provisions, and cannot be issued based merely on informal memos or oral directions. For example, courts have refused to accept orders passed on memos or oral instructions, affirming that judicial decisions require proper documentation and adherence to procedural law. J Hari Babu vs State of A.P. - Andhra Pradesh, Abdul Rashid Sahib VS Ramachandran - Madras
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Memos are not substitutes for judicial orders - Several references highlight that memos or oral directions do not constitute valid judicial orders, and any attempt to pass judgments or orders solely through memos is invalid and liable to be quashed. Courts have consistently held that formal, written orders are essential for judicial decisions. Dhaneshwar Paswan VS State of Jharkhand - Jharkhand, Abdul Rashid Sahib VS Ramachandran - Madras, J Hari Babu vs State of A.P. - Andhra Pradesh
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Specific case law examples reinforce that orders passed on memos are invalid - Courts have quashed orders passed on memos, such as in cases involving police or administrative authorities, emphasizing the necessity of proper judicial procedures. Dhaneshwar Paswan VS State of Jharkhand - Jharkhand, Glanis, W/o. Late Anil Abraham VS Lazar Manjila, S/o. Joy Manjila - Kerala
Analysis and Conclusion:
Judicial orders must be issued through proper legal procedures, specifically in writing and based on lawful proceedings. Orders passed solely on memos or oral instructions lack legal validity and can be challenged or set aside. The consistent judicial stance across multiple cases underscores that no valid judicial order can be passed solely on a memo, reinforcing the importance of formal, documented judicial decisions.
Search Results for "No Judical Order can be Passed on Memo"
2010 0 Supreme(Jhk) 880 • India - Jharkhand
D.N.PATEL
Article 16 - Public Employment - Article 16 of the Constitution of India - [Article 16] - [1/04] - The court quashed the order ... Final Decision: The court quashed the order rejecting the petitioner's candidature and directed the State to appoint the petitioner ... As a cumulative effect of the aforesaid facts and reasons and the judical pronouncements, I hereby, quash and set aside the impugned order, passed by the Superintendent of Police, Koderma. dated 5th March, 2008, at Annexure 7 to the #HL_STA....
1982 0 Supreme(Mad) 358 • India - Madras
PUNNAYYA
- ... This revision is directed against the order passed by the Fourth Additional Judical First Class Magistrate, Vijayawada in C.F. No. 451 of 1982 in C.C. No. 333 of 1979. ... 2. ... The learned Assistant Public Prosecutor filed a memo on 9th February, 1982, requesting the learned Magistrate to issue summons to the clerk of the Court of the VI Additional Judicial First Class Magistrate, Vijayawada to cause production of the acquittance register (pay bill register) from 1st April, ... Hence, the #HL_ST....
1980 0 Supreme(Pat) 249 • India - Patna
M.P.VARMA
OF CRIMINAL PROCEDURE] - [SUMMARY] Fact of the Case: The petitioners were aggrieved by the orders of confiscation passed ... or Divisional Commissioners could act as judicial authorities under Section 6-C. ... or Divisional Commissioners could act as judicial authorities under Section 6-C. ... In view of the discussions, made above I think that the District and Sessions Judges are not judical authority under Sec. 6 (c) of the Essential Commodities Act. Hence, I am not competent to hear this appeal. The memo#HL....
• India - Delhi High Court
RAJIV SHAKDHER, TALWANT SINGH
(A) Central Administrative Tribunal Act - Order dated 13.07.2021 - Writ petition against interim order - Tribunal stayed charge memo ... directing the release of retirement benefits while a charge memo was pending against the respondent at the time of superannuation ... and directed release of retirement benefits - Charge memo issued one day before respondent's superannuation concerning alleged procurement ... (Oral)--This writ petition is directed against the interim order dated 13.07....
2020 0 Supreme(Ker) 383 • India - Kerala
N.NAGARESH
The 2nd appellant-father of the deceased passed away during the pendency of this MACA and his surviving children were impleaded in the appeal as additional appellants 4 and 5. 8. ... Even discounting the said part-time course, the fact that the deceased had passed Pre Degree Course and held National Trade Certificate, is beyond dispute. Ext.A13 produced by the appellants was an identity card issued by the employer and Ext.A25, a work permit. ... The Tribunal accordingly passed an Award allowing a total compensation of Rs.7,64,500/- under ....
2025 Supreme(Online)(AP) 14146 • India - High Court of Andhra Pradesh
NINALA JAYASURYA, TUHIN KUMAR GEDELA, JJ
The court found the petitioner’s demands misconceived since the appropriate orders pursuant to the tribunal's decision were passed ... (Paras 1, 2, 3, 5, 6) ... ... (B) Judicial ... (A) Articles 14, 16 & 21 of the Constitution of India - Fundamental Rules - Rule 54-B - Non-implementation of tribunal's order - ... The learned counsel for the petitioner made submissions with reference to the order dated 26.4.2018 passed by the learned Tribunal in O.A. ... Admittedly, the respondents have pas....
2023 Supreme(Online)(KER) 12355 • India - Kerala
and no written order was passed. ... Collector and no written order was passed. ... , was based on an oral direction from the Sub Collector and that no written order was passed by the Sub Collector. ... The contention of the petitioner is that no written order is passed by the Sub Collector. Since Annexure-A12 is stayed by this Court and the stay order is in force from 2016 onwards, I think this stop memo can be qu....
1978 0 Supreme(Cal) 237 • India - Calcutta
JYOTIRMOYEE NAG
Rejection of memo of appeal on ground of limitation is an order passed in appeal and affirms judgment and decree of trial court. ... Order passed in appeal, though liable to be dismissed in limine, is an appeal in the eye of law. ... Ex parte decree passed on 16-11-71. Appeal preferred. Application for restoration under Order 9, Rule 13, CPC also made. ... The lower appellate court Judge, however, found that rejection of memo, of appeal is not the sa....
1991 0 Supreme(Ori) 90 • India - Orissa
S.K.MOHANTY
C. - DISPARAGING AND DEROGATORY REMARKS PASSED BY SUB-DIVISIONAL JUDICIAL MAGISTRATE AGAINST ADVOCATE APPEARING FOR ACCUSED - HELD ... In the impugned order, the S.D.J.M. had made adverse remarks against the petitioner, accusing him of filing a false memo and engaging ... a revision petition under Section 482 of the Code of Criminal Procedure, seeking to expunge disparaging and derogatory remarks passed ... M. went further and passed the following remarks against the petitioner Advocat....
2022 0 Supreme(Mad) 889 • India - Madras
N. SESHASAYEE
The Court also emphasized that no decree or order should be passed which violates mandatory provisions of law. ... The revision petitioner challenged the decree, alleging fraud on the judicial process. ... Fraud on Court - Civil Revision Petition - Order XXIII Rule 3 CPC - Sec.17 of the Registration Act, read with Sec.54 of the Transfer ... order be passed based on memo. ... Since filing of memo is not contemplated under Code of Civil Procedure or Ci....
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