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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.
“When a party demonstrates genuine inability to represent itself and seeks professional assistance without mala fides, the Labour Court ought to grant such leave unless strong reasons exist to the contrary.”
“It is well-settled that the reinstatement should be the rule when the order of wrongful dismissal of termination of service was set aside, and the compensation should be an exception.”
The Court was dealing with a case where the arbitrators forming part of the Arbitral Tribunal are not only lay persons, but are also, the family elders, who consented to resolve the dispute between two brothers considering the overall interest of the family and its business.
Litigants might fear that seeking justice through the courts could leave them in a worse position than they were in before initiating legal proceedings. This could seriously impact access to justice and consequently the very rule of law.
“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.”
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.
The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.
“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.”
The Senior Civil Judge had allegedly threatened a police officer over a phone call in a complaint case filed against his sister.
“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”
“Terminating the services of an employee appointed on compassionate grounds after 15 years, on the basis of ineligibility at the time of appointment, amounts to a travesty of justice, especially when no fraud or suppression of facts is alleged.”
“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.”
“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.”
The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.
“Free and fair elections are the cornerstone of democratic governance, including elections of all kinds of governing bodies. Elections are usually best conducted in their usual course, i.e., without any interference and interruptions.”
Court can consider any document with intrinsic worth having bearing on lis decided earlier
“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
“Principles of natural justice are not applicable at the stage of reporting a criminal offence. Providing an opportunity of being heard prior to the commencement of a criminal action, would frustrate the very purpose of initiating a criminal proceeding, which is to meet the ends of justice”.