due process
Before Adverse Action — The Legal Shield Around Preliminary Investigations
by Sara Sundaram* and Nikunj Agarwal**
Supreme Court seeks detailed State Report in Karnataka multi-party land sale; Orders probe into forged sale deeds, registration irregularities
The proceedings highlight the Supreme Court’s emphasis on procedural clarity and its resolve to tackle systemic issues in property disputes, carrying significant implications for due process in the registration and sale of immovable property.
Removal of Panchayat Administrators without giving them an opportunity of being heard is arbitrary: Rajasthan High Court
“In the name and interest of delimitation, the Government cannot postpone the entire election process of the Panchayati Raj Institutions indefinitely, contrary to the mandate contained under Article 243-E of the Constitution.”
Supreme Court unlocks the right to access documents under PMLA
by C. George Thomas* and Ansh Mittal**
‘Attempt to thwart decrees passed by the Court following due process is an abuse of process of law’; Bombay HC imposes Rs 1 lakh cost
The order dated 16-4-2021 passed by the NCLT, Mumbai indicated that the prohibition during CIRP is with respect to institution and continuation of suits only against Prince SWR System (P) Ltd and not against the Company’s director, i.e., the applicant.
Misguiding the Court to pass an order, which was never intended to be complied with, is commission of Contempt: SC
“Misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked”.
‘Attempt to curtail individual’s personal freedom’; MP High Court quashes Externment order; directs State to pay ₹ 25,000/- in litigation costs
“It is unfortunate that even the Divisional Commissioner, Shahdol has chosen to merely countersign an order of rejection of appeal, without application of mind.”
Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench
“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”
Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court
The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.
‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process
Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.
“If there is robust due process, there will be less paranoia” Justice Vibhu Bakhru at International Arbitration Dialogues
India International Arbitration Centre (‘IIAC’) organized an International Arbitration Dialogues on 22-08-2023 powered by Alvarez & Marsal and EBC and SCC Online
J&K and Ladakh HC| In a democratic polity governed by the rule of law, State cannot deprive a citizen of their property without the sanction of law
“The State being a welfare State governed by the rule of law, cannot arrogate to itself a status beyond what is provided by the statute”
‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988
Karnataka High Court: M Nagaprasanna, J. quashed the proceedings initiated against a public servant working as an Executive Engineer in