natural justice Archives

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

Case Briefs High Courts

[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

Cases Reported SCC Archives

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.

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs Supreme Court

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.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Case Briefs Foreign Courts

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.”

Case Briefs High Courts

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

Case Briefs High Courts

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”

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

High Court Round Up Legal RoundUp

110 Reports from 20 High Courts: Money Laundering, Child Marriages, Rule of Law, PC & PNDT Act, Adultery, Media Trial and more | April RoundUp 2022

110 Reports from 20 High Courts Allahabad High Court Money Laundering For money launderers “jail is the rule and bail is an