Same day reply and hearing violates Natural Justice; Allahabad HC quashes GST assessment order passed without hearing
In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
Audi Alteram Partem
‘Right to housing is a fundamental right’: Punjab and Haryana HC sets aside rejection of jhuggi dwellers’ claims under Small Flats Scheme, 2006
In the case at hand, the Chandigarh Housing Board rejected jhuggi dwellers’ claim for allotment of flat under the Chandigarh Small Flats Scheme, 2006 without giving them opportunity to be heard.
Bombay HC sets aside BOI’s order classifying Jet Airways’ founder Naresh Goyal’s account as ‘fraud’
“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”
‘Failed to discharge his administrative functions properly’: Jharkhand HC sets aside demand notice issued by former District Mining Officer
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
CBI Probe into Sandeshkhali Murders | High Court’s direction for Investigation not open to challenge by prospective suspects or accused: Calcutta HC
“As an accused,Shahjahan Sheikh does not have a right to be heard at the stage of investigation or have a say in the matter of an appointment of an investigating agency.”
Rajasthan High Court: Justice should not be compromised by procedural lapses and negligence attributable to counsel
“An appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in person or the counsel representing him is not present.”
Know why Rajasthan High Court directed NTA to decide afresh the case of a JEE (Main), 2025 aspirant accused of using unfair means
“It is a settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such an order.”
‘Lacks rationale’; Bombay High Court quashes Gram Panchayat’s resolution cancelling NOC for mobile tower construction
In the modern age, mobile phones are no longer a luxury but an inevitable necessity, even in the remotest part of the country. Therefore, before adverting to the drastic action of cancelling NOC, an independent scrutiny of the complaint that mobile tower causes health hazard, is legally mandated.
Principles of Natural Justice: Definition, Application to Administrative Proceedings and Contours of Application
by Rimali Batra* and Col Rajeev Anand (Retd)**
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents
The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.
‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service
The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.
‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker
The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment
In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.
‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers
Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.
Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice
“Natural justice is an important concept in administrative law. It is not possible to define precisely and scientifically the expression Natural Justice. The principle of natural justice or fundamental rules of procedure of administrative action, are neither fixed nor prescribed in any code”
Delhi High Court quashes proceedings under S. 56 FERA for violation of principles of natural justice
It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.
Object of Arbitration Act’s Section 12(2) disclosure is to prohibit any continued Arbitrator-Party associations during proceedings: Calcutta High Court
Section 12(2) of the Arbitration and Conciliation Act, 1996 obligates the Arbitrator to remain neutral and to disclose to the parties any acts or omissions that are likely to fall foul of the mandate.
Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC
When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused