"Rajasthan High Court Comes Down Heavily Against Non-Speaking Orders"

"Reason is the soul of an Order." This was the manner in which the Rajasthan High Court chose to highlight the importance of clearly setting out reasons for allowing or rejecting a prayer while considering an application made before a Court. In Devi Food Products v. A-One Products, the importance of such well-reasoned orders was considered from the perspective of the litigant, the higher courts and the society. It was thereafter clearly laid down that a non-speaking order or an order without proper reasons being spelt out would be bad in law and would be liable to be quashed.

Brief Facts of the Case:

A-One Products, had filed a suit for permanent injunction against Devi Food Products before the Additional District Court (Fast Track) under Sections 134 and 135 of the Trade Marks Act as well as Section 62 of the Copyright Act. Devi Food, after filing their written statement against the averments made by A-One, filed a separate Application praying for rejection of the