natural justice
Procedural lapses do not vitiate inquiry without real prejudice: Bombay HC quashes reinstatement of school peon
The Court held that the School Tribunal’s approach was perverse as it overlooked the actual charges against the peon.
AIAC Asia ADR Week 2026 concludes with CIPAA debate and closing ceremony emphasising collaboration and future growth
AIAC Asia ADR Week 2026 concluded with a discussion on the evolving scope of CIPAA adjudication, examining key rulings in View Esteem and Anas Construction and their implications for jurisdiction, natural justice and procedural fairness.
Stepping up or setting aside? Experts debate role of experts in determining quantum in construction disputes at AIAC Asia ADR Week 2026
In a debate held at the AIAC Asia ADR Week 2026 on the topic “Leave It to the Experts? Experts versus Arbitrators on Construction Quantum”, the debaters examined the appropriate division of responsibilities between arbitral tribunals and technical experts, the importance of party autonomy, the enforceability of arbitral awards, and the need to preserve procedural fairness.
Selection and eligibility disputes in sports: Experts highlight urgent remedies, fair selection processes and specialised arbitration at AIAC Asia ADR Week 2026
At AIAC Asia ADR Week 2026, panellists examined the challenges arising from athlete selection, eligibility requirements, disciplinary decisions and the need for effective remedies before sporting competitions take place.
AIAC Asia ADR Week 2026: Justice Mimmie Chan Highlights Speed, Enforceability and Technology in Construction Dispute Resolution
The discussions examined statutory adjudication, enforcement of payment determinations, judicial intervention in construction disputes, and the use of building information modelling (BIM), online dispute resolution, and AI to improve efficiency, reduce costs and facilitate early settlement.
Asia ADR Week 2026: Speakers examine the limits of court intervention in setting aside arbitral awards
Discussions on Day 1 of Asia ADR Week 2026 explored when an arbitral award may be challenged in court, highlighting the distinction between errors in a tribunal’s reasoning and legal grounds for intervention, including jurisdictional issues, public policy and breaches of natural justice.
Arbitral Tribunal’s interlocutory orders not amenable to interference absent patent lack of inherent jurisdiction; Karnataka HC reiterates
Articles 226 and 227 should ordinarily not be used to correct interlocutory procedural orders of an Arbitral Tribunal unless there is a patent jurisdictional defect or exceptional perversity.
No Objection before Cognizance, Full Participation thereafter: Allahabad HC Rejects Belated Challenge
The Court observed that a mere change of Counsel is no ground to entertain a challenge to the cognizance order when the trial is at the stage of hearing final submissions
Before Adverse Action — The Legal Shield Around Preliminary Investigations
by Sara Sundaram* and Nikunj Agarwal**
Women Candidates Securing 6th & 7th Positions Seek Recall of Supreme Court Order on Bar Council Co-option
Two women candidates securing the 6th and 7th positions in Bar Council elections have urged reconsideration of the co-option mechanism, stressing natural justice, electoral representation and meaningful participation of women advocates.
“Golden Handshake” Ends Long-Running MAKAIAS Disciplinary Dispute; Supreme Court Awards ₹20.14 Lakhs in Full and Final Settlement to Employee
An Administrative-cum-Finance Officer of MAKAIAS challenged his compulsory retirement, alleging that the disciplinary proceedings were vitiated by bias on the part of the Director who acted as the disciplinary authority.
Telangana HC quashes directions compelling minority schools to provide free education to journalists’ children
The Court held that educational authorities lacked statutory authority to direct minority educational institutions to provide free education to children of journalists by invoking the Right of Children to Free and Compulsory Education Act, 2009, reiterating that the Act is inapplicable to minority institutions protected under Article 30(1) of the Constitution.
Gender cannot be a ground to deny promotion where Recruitment Rules make no distinction: Tripura HC
The Tripura High Court quashed the Inspector General of Prisons’ communication and directed reconsideration within three months.
Section 386(a) CrPC | Appellate Court Reversing Acquittal Must Itself Hear Convict on Sentence; Can’t Remit Matter to Trial Court Solely for Sentencing: Supreme Court
The Calcutta High Court reversed a Sessions Court acquittal, convicted the accused under Sections 376 and 312 IPC and then directed him to surrender before the trial court for sentencing. The Supreme Court found the procedure “unknown to law.”
Due Process Challenges and Public Policy Review: How Indian Courts Draw the Line in Arbitration — Lessons from LIDW 2026
The distinction drawn at LIDW26 between due process challenges and public policy review finds a close parallel in Indian arbitration jurisprudence, where courts examine procedural fairness and public policy concerns through separate legal lenses.
Penalty under RTI Act Unsustainable Without Finding of Mala Fide: Chhattisgarh HC Quashes State Information Commission’s ₹25,000 Order
The High Court noted that since the State Information Commission failed to record any findings on mala fide denial, unreasonable delay, or contumacious conduct, the penalty order lacked legal foundation and was therefore liable to be quashed.
Corruption Charge Not Proved, Yet Employee Removed: Delhi HC Sets Aside Penalty, Directs Reinstatement
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
Relief to Taxpayer as SC quashes Tax Demand under SVLDRS revised without following Principles of Natural Justice; Directs issuance of fresh order
The appellant stated that he filled the requisite forms for resolving the tax dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. However, the designated committee rectified Form No. SVLDRS-3 and enhanced the amount payable as tax without any show-cause notice.
Power to review judgement or order under Section 114 and Order 47 CPC can’t be exercised suo moto; APTEL set asides CERC’s modification order
“We find it ironical that the Commission has ignored this basic tenet of natural justice by issuing the direction in question without hearing the appellant. Thus, on this count also, the impugned order cannot be sustained.”