12 August 2024


Search Results for Tag : Natural Justice

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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Reasons behind any decision are necessary to be assigned by the administrative authorities(27.04.2023)

The present petition has been filed under Article 226 of the Constitution of India, 1950 against the impugned Memorandum dated 10th March, 2023 passed.....

Tags : Principles, Natural justice, Admission

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Lender banks have to provide an opportunity of hearing to the borrowers before classifying their account as fraud(27.03.2023)

The civil appeals arise out of a challenge to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Direc.....

Tags : Master Directions, Natural justice, Legality

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When language of statute is plain and unambiguous, it should be given effect to irrespective of its consequences(05.12.2023)

The singular point raised by learned counsel for the Petitioners is that, the decision making process adopted by the Respondents is contrary to the pr.....

Tags : Principles, Natural justice, Statutory mandate

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Termination of services of an employee without holding disciplinary enquiry violates principles of natural justice(16.04.2024)

Instant appeals are directed against the judgments passed by the High Court.The High Court, vide judgment dismissed the Writ Petition filed by the App.....

Tags : Termination, Natural justice, Violation

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News

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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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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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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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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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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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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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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All. HC: Order Passed Cannot go beyond the Show Cause Notice(28.11.2023)

Allahabad High Court has held that in the event a particular case is made out in the show cause notice and the order passed subsequently is beyond the.....

Tags : Allahabad High Court, Show Cause 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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SC: Principles of Natural Justice to be Read into While Dealing with Remission Cases(04.09.2024)

Supreme Court has remarked that while deciding cases of grant of remission to convict, principles of natural justice will have to read into Section 43.....

Tags : Supreme Court, Natural Justice, Remission Cases

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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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Patna HC Orders Fresh Trial in POCSO Case in Which Trial was Concluded in Single Day(06.04.2023)

Patna High Court while setting aside a trail in POCSO case in which court framed charges and convicted accused in single day, ordered a fresh trail an.....

Tags : Patna High Court, POCSO, Natural Justice, Fresh Trial

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All. HC: Principles of Natural Justice Should Compulsorily be Followed(28.11.2023)

Allahabad High Court while setting aside an order of blacklisting and cancellation of the mining lease, has observed that in a civilized society princ.....

Tags : Allahabad High Court, Natural Justice, Civilized Society

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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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Del HC: Rejecting Appln. Under SVLDR Scheme Without Hearing is Violates Principle of Natural Justice(24.05.2023)

Delhi High Court has held that rejecting of application under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR Scheme) without granting a.....

Tags : Delhi High Court, SVLDR Scheme, Natural Justice

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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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SC: Employee Getting Terminated Without Disciplinary Enquiry Violates Principles of Natural Justice(19.04.2024)

Supreme Court while reinstating the Registrar at GB Pant Institute of Engineering and Technology, has held that termination of services of an employee.....

Tags : Supreme Court, Disciplinary Enquiry, Natural Justice, Termination

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Ker. HC: Transfer Order Must be Issued After Giving Opportunity of Hearing(28.11.2023)

Kerala High Court has observed that if a transfer is effected it results in civil consequences stigmatizing a teacher by categorizing her of misbehavi.....

Tags : Kerala High Court, Transfer Order, 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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Mad. HC: Principles of Natural Justice to be Followed While Dealing With App. for Organ Donation(04.06.2024)

Madras High Court has observed that it is necessary to comply with the principles of natural justice while dealing with applications for organ donatio.....

Tags : Madras High Court, Principles of Natural Justice, Organ Donation

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Ker. HC: HRC Being Quasi Judicial Body is Duty Bound to Comply With Principles of Natural Justice(24.07.2024)

Ker. HC has observed that Human Rights Commission being a quasi judicial body is duty bound to comply with the principles of natural justice while dis.....

Tags : Kerala High Court, Quasi Judicial Body, Natural Justice

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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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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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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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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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Ker. HC: Assessment Order Quashed on Finding that Assessee Not Provided Effective Hearing(16.04.2024)

Ker. HC quashed an assessment order passed under the Income Tax Act, 1961, and held that since the assessee was not able to log in through link for vi.....

Tags : Kerala High Court, Assessment Order, Income Tax Act, 1961, Principles of Natural Justice

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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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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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