natural justice
Chairman of the Vidhan Parishad not bound to recognise the leader of opposition party having the greatest numerical strength; Allahabad High Court upholds notification withdrawing recognition of Lal Bihari Yadav as Leader of Opposition in UP Legislative Council
Allahabad High Court: In a proceeding initiated by member of the UP Legislative Council- Lal Bihari Yadav, under Article 226
[Principles of Natural Justice] J&K and Ladakh HC | The expression ‘Application of Mind’ is not meant as a matter of usage for ritual sake but is a living principle of law
Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein a person’s engagement as Rehbar-e-Khel was cancelled
SCC Snippets| Exclusion of Audi Alteram Partem rule at the stage of investigation
In Union of India v. W.N. Chadha,1993 Supp (4) SCC 260, the bench of S. Ratnavel Pandian and K. Jayachandra Reddy, JJ explained the exclusion of the application of the principle of audi alteram partem in relation to an accused at the stage of investigation.
Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman
Kerala High Court: In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes
Absence from duty without leave under CRPF is a gravest misconduct; Manipur High Court upheld order of Disciplinary Authority of dismissal from service
Manipur High Court: In a writ petition filed to quash the dismissal order dated 18.1.2005 on the ground that it
Supreme Court observes documents relied upon for formation of opinion under Rule 3 of the SEBI Adjudication Rules 1995, not required to be disclosed to the noticee unless relied upon in the inquiry
Supreme Court: In a special leave petition against the impugned judgment passed by the Bombay High Court, whereby, the Court dismissed the
Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers
“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”
Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld
“The claim pertains to events that occurred between 2016 and 2018 and was then not followed up until 2022, a few days before the sentence was to be carried out. For all these reasons we are satisfied that OC 173 is without merit and an abuse of process and cannot therefore be a basis for us to grant a stay of execution.”
Findings of Trial Court based on surmise and conjecture, opposed to any reason, rationality, principles of evidence and natural justice; Calcutta High Court acquits in matter of 304 IPC
Calcutta High Court: Sugato Majumdar, J. allowed a criminal appeal which was assailed against the judgment and order of Additional Sessions Judge
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”
Unable to justify reasons for cancellation of NOC by College Commissionerate twice before Court; Rajasthan High Court quashes order being violative of principles of natural justice
Rajasthan High Court: In a case where NOC was cancelled by Commissioner, Commissionerate College Education and Technical Education Department, (‘Respondent 2′) granted
Madras High Court| Proper reasons to be given for rejecting GST Registration Applications; Just writing ‘rejected’ would not suffice
Madras High Court: Anita Sumanth, J. set aside the impugned order which rejected a registration application filed under Section 22
Delhi High Court| Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice
Delhi High Court: Jyoti Singh, J. in a case where patent was granted without delving and dealing with the grounds raised in
Can Court direct a husband to surrender as a condition for pre-arrest bail of his wife? Supreme Court decides
Supreme Court: In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed
Allahabad High Court | Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons
Allahabad High Court: While dismissing the bail application in case registered under Section 302, 120-B Penal Code, 1860, Sameer Jain, J. held
MP HC | Order by Trial Court violative of principles of natural justice; IO to be given opportunity to be heard
Madhya Pradesh High Court: Atul Sreedharan, J. allowed a petition which was filed aggrieved by the order where after deciding a criminal
Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment
Calcutta High Court: Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with
Extradition Cases: When does petitioner’s concern of lack of disclosure of evidence require court’s intervention? Del HC discusses
Delhi High Court: Chandra Dhari Singh, J., while addressing a matter, expressed that, Under Principles of Natural Justice, it is settled law