30 January 2023


Search Results for Tag : Natural Justice

News

Kerala HC: Non Consideration of Reply Filed by Assessee Amounts to Violation of Natural Justice(21.06.2021)

Kerala High Court while allowing an appeal has observed that non consideration of a reply filed by the Assessee amounts to violation of the principles.....

Tags : Kerala HC, Natural Justice, Reply

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Allahabad HC: Failure to Give Enquiry Report to Employee is Violation of Principle of Natural Justice(30.09.2019)

Allahabad High Court has ruled that failure to give enquiry report to an employee undergoing disciplinary proceedings amounts to denial of reasonable .....

Tags : Allahabad HC, Natural Justice

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ITAT, Indore: Denial of Opportunity to Cross-Examine Parties Would be Violation of Natural Justice(23.09.2021)

Income Tax Appellate Tribunal (ITAT), Indore has held that the denial of opportunity to the assessee to conduct cross-examination of the parties who h.....

Tags : income Tax Appellate Tribunal, Violation of Natural Justice

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Allahabad HC: Court May Refuse Relief in Case Where There Has Been Breach of Natural Justice(09.03.2022)

Allahabad High Court has reiterated that a Court, in exercise of its discretion, may refuse relief in a case where there has been a breach of principl.....

Tags : Allahabad High Court, Breach of Natural Justice

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AP HC: Absence of Reasons in Order Imposing Penalty Violates Principles of Natural Justice(31.03.2022)

Andhra Pradesh High Court has observed that absence of reasons in an order as to why conditions and penalty are imposed violates principles of natural.....

Tags : Andhra Pradesh High Court, natural justice, penalty

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P&H HC: Plea of Violation of Principles of Natural Justice Not Maintainable Without Grounds(04.04.2022)

Punjab and Haryana High Court has observed that the plea seeking to violate the principles of natural justice is unacceptable by the courts unless, it.....

Tags : Punjab and Haryana High Court, principles of natural justice

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P&H HC: 7 Days Period to File Reply of Notice Served Through E-Filing Portal is ‘Unreasonably Short’(23.05.2022)

Punjab & Haryana High Court has held that the period of 7 days, granted to file the reply of the Notice issued under Section 148A of the Income Tax Ac.....

Tags : Punjab and Haryana High Court, Section 148-A, Income-Tax Act, Natural Justice

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Gujarat HC Quashes Order Cancelling License of ‘K News Channel’(17.06.2022)

Gujarat High Court while quashing District Magistrate’s order cancelling license of ‘K News Channel’ has held that it is violation of the principle of.....

Tags : Gujarat High Court, Natural Justice, Cinemas Regulation

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ITAT: Income Tax New Rules allows Hearing through Video Conference(11.07.2022)

Income tax Appellate Tribunal (ITAT), Mumbai Bench has held that the denial of assessee’s specific request to attend the personal hearing through vide.....

Tags : ITAT, Video Conferencing, Natural Justice

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SC: Breach of Natural Justice Rule Cannot by Itself Lead to Conclusion of Prejudice(19.10.2020)

Supreme Court has observed that the breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is th.....

Tags : Supreme Court, Breach of Natural Justice Rule

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Kerala HC: Parties Should be Heard Before Initiating Recovery from Pension(26.07.2022)

Kerala High Court has held that government is empowered to recover excess amount paid by mistake but parties should be offered a hearing before a reco.....

Tags : Kerala High Court, Recover, Natural Justice

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AP HC: Show-Cause Notice is a Superfluous Formality if No Prejudice is Caused(29.07.2022)

Andhra Pradesh High Court has held that while hearing plea opposing termination of lease for non-issuance of show cause notice, has held that mere bre.....

Tags : Andhra Pradesh High Court, Show Cause Notice, Natural Justice

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Cal HC: Writ is Maintainable against Award by Statutory Arbitrator Violating of Principles of Natural(12.09.2022)

Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitr.....

Tags : Calcutta High Court, Arbitrator, Natural Justice

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Telangana HC: Principles of Natural Justice to be Read Into Master Circular Issued by RBI(31.12.2020)

Telangana High Court has held that the principles of natural justice have to be read into the Master Circular issued by the Reserve Bank of India on t.....

Tags : Telangana High Court, RBI Master Circular, Principles of Natural Justice

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Principles of Natural Justice to be Followed Before Branding a Company a Shell Company: Gauhati HC(19.04.2019)

Gauhati High Court has held that an order branding any company as a shell company, without serving notice or hearing, violates principles of natural j.....

Tags : Gauhati High Court, Shell Company, Principles of Natural Justice

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Judgments

Issuance of Charge Memorandum is enough, actual service of same on the delinquent officer is immaterial(27.10.2017)

The Applicant, a retired Senior Deputy Financial Advisor of the 1st Respondent-Council of Scientific and Industrial Research (CSIR), filed the Origina.....

Tags : Charge Memorandum, Natural justice, Violation

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Principles of natural justice brings within its wake a right to cross-examine a witness produced in a proceeding(23.07.2018)

The Petitioner assails an order in original dated February 13, 2018. The Petitioner submits that, the impugned order stands vitiated by breach of prin.....

Tags : Natural justice, Cross-examination, Witness

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Non-consideration of reply filed by the assessee amounts to violation of the principles of natural justice(17.06.2021)

The Appellant, a dealer of printers, peripherals and its parts has approached present Court challenging Exhibit P4 order of assessment issued by the S.....

Tags : Assessment, Natural Justice, Principles

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Before making any order under Section 338 DMC Act, the Commissioner shall give reasonable opportunity to the person affected(20.07.2021)

Petitioner impugns order whereby the respondent Corporation has revoked the sanctioned building plan under Section 338 of the Delhi Municipal Corporat.....

Tags : Principles, Natural justice, Breach

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Key persons involved in KFEF film ban let off hook(19.04.2016)

Competition Commission of India cannot impose penalties on individual members of a body found to have indulged in anti-competitive activities without .....

Tags : competition, penalty, notice, natural justice

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Order of FSSAI banning sale of Maggi Noodles in violation of principles of natural justice(13.08.2015)

The Court held that the FSSAI did not give Nestle adequate opportunity to be heard before imposing a ban on the sale of Maggi Noodles. A show-cause no.....

Tags : Food adulteration, natural justice, show cause notice

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For a valid blacklisting order, show cause notice must clearly mention intention to blacklist the noticee(16.11.2020)

Present appeal is directed against the order passed by the High Court. By the impugned order, the High Court has dismissed the writ petition and has u.....

Tags : SCN, Intention, Natural justice

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