SCST Act--Summoning Order--Cognizance Order Passed on Printed Proforma Without Application of Judicial Mind Is Illegal and Liable to Be Quashed
A summoning or cognizance order passed on a printed proforma with blanks filled in by hand is illegal and invalid, as it reflects mechanical action devoid of judicial mind. While a detailed reasoned order is not mandatory at the stage of taking cognizance, the court must demonstrate independent application of mind to the facts and law of the specific case. Use of pre-printed proformas or rubber stamps for judicial orders is expressly prohibited and has been consistently deprecated by courts.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech