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It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.
“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.
Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.
by Siddharth R. Gupta* and Prakruthi N.**
Cite as: 2024 SCC OnLine Blog Exp 20
“Rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens.”
Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.
“In a society like ours, job more often than not, happens to be predominant source of livelihood and therefore snatching away a job, virtually amounts to taking away the means of livelihood of the employee.”
Madras High Court said that natural justice clearly requires that the additional evidence placed on record by both parties should be considered by the Opposition Board.
Calcutta High Court noted that discrepancies in service date and providing inadequate time for response to show-cause notice, indicates a breach of natural justice.
Yashoda Super Speciality Hospital & Heart Institute happens to be one of the leading hospitals in Ghaziabad.
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 80
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
Unless the self-assessed return, as submitted had been questioned, re-opened or re-assessed and the assertion of the petitioner of the services rendered by it qualifying as an “export of service” questioned or negatived in accordance with the procedure prescribed under the Act, its claim for refund could not have been negated.
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
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.
Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.
Delhi High Court observed that what ultimately turned decisive was a voluntary acknowledgment by the appellant-professor of his acts of indiscretion in getting attracted by the charms of a young female student.
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