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2010 (10) TMI 186 - BOMBAY HIGH COURTOrder – Non-reasoned order – arbitrary order – It is, no doubt, true that there is no precise statutory or other definition of the term “arbitrary”. Arbitrariness in making an order by the authority manifest itself in different forms. Non-application of mind by the authority making an order is only one of them. Every order passed by the judicial or quasi-judicial authority must disclose due and proper application of mind by the person making order. This may be evident from the order itself or the record contemporaneously maintained by the authority. Application of mind is best demonstrated by disclosure of its mind by the authority making the order. Absence of reasons either in the order passed by the authority or in the record contemporaneously maintained, is clearly suggestive of the order being arbitrary and in breach of the principles of natural justice hence illegal and unsustainable. - order set aside – Matter remanded
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