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natural justice

Case BriefsHigh Courts

P&H HC | Principle of Natural Justice demands petitioner-miller to be associated with stock verification by Food Corporation of India; physical verification set aside

Punjab and Haryana High Court: The question before Jaishree Thakur J., was whether physical verification conducted by Food Corporation of India was

Published on March 30, 2022April 1, 2022By Editor
Leave a comment1706 views
Case BriefsSupreme Court

[Bomikhal Flyover Collapse] Is permanent debarment of guilty contractor too harsh? What makes an order a pre-determined one? Supreme Court answers

Supreme Court: The Division Bench comprising of M. R. Shah* and B.V. Nagarathna, JJ., held that if a tentative decision is taken

Published on March 29, 2022April 1, 2022By Editor
1 Comment2977 views
Case BriefsSupreme Court

Mere allegation of bias is not fatal to disciplinary inquiry unless supported by materials: Supreme Court

Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that non-supply of demanded documents is not

Published on March 26, 2022April 1, 2022By Editor
1 Comment4935 views
Case BriefsSupreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority 

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

Published on March 23, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment4651 views
Case BriefsHigh Courts

Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right

Published on January 17, 2022January 21, 2022By Bhumika Indulia
Leave a comment4471 views
Case BriefsSupreme Court

Order de hors reasoning cannot result in grant of bail! SC holds informant has a right to assail bail orders bereft of reasons before a higher forum 

Supreme Court: The 3-judge Bench comprising of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna*, JJ., held that though it is not

Published on January 4, 2022January 3, 2022By Editor
Leave a comment3290 views
Case BriefsHigh Courts

Jhar HC | Non-supply of documents cannot vitiate the enquiry in absence of showing how the alleged non-supply caused prejudice to workman

Jharkhand High Court: Shree Chandrashekhar, J. held that a charged employee has no unfettered right to ask for any document on which

Published on December 31, 2021January 7, 2022By Editor
Leave a comment3559 views
Case BriefsHigh Courts

Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC

Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the

Published on December 23, 2021December 23, 2021By Bhumika Indulia
1 Comment7055 views
Case BriefsHigh Courts

MP HC | Not providing sufficient time to produce acquittal orders, violation of natural justice; Court allows petition quashing Externment order

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a writ petition which was filed against the order of externment wherein the respondent

Published on December 13, 2021April 21, 2022By Editor
Leave a comment1757 views
Case BriefsHigh Courts

[NDPS Act] P&H HC | FSL report available on record yet Trial Court records it unavailable to grant bail; HC directs disciplinary action against Presiding Officer of Trial Court

Punjab and Haryana High Court: Manoj Bajaj, J., directed for disciplinary action against the Presiding Officer of the Trial Court who had

Published on December 6, 2021December 6, 2021By Editor
1 Comment3031 views
Case BriefsSupreme Court

Lessee learns of cancellation of tender from Newspaper Report. SC holds authority can’t circumvent the requirement of providing effective hearing

“Natural justice is the sworn enemy of intolerant authority”

Published on December 1, 2021December 3, 2021By Prachi Bhardwaj
1 Comment2809 views
Case BriefsHigh Courts

Del HC | Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., noted the mandatory condition provided under Section 144B (7) of

Published on August 5, 2021August 6, 2021By Bhumika Indulia
Leave a comment5770 views
Case BriefsHigh Courts

Ker HC | “Favouritism, nepotism and lack of integrity”; HC dismisses former Minister K. T. Jaleel’s plea against Lok Ayukta’s order

Kerala High Court: The Division Bench comprising of P.B.Suresh Kumar and K. Babu, JJ., addressed the instant petition against the report submitted

Published on April 22, 2021April 30, 2021By Editor
Leave a comment2213 views
Op EdsOP. ED.

Is passing of “reasoned order” a requisite while refusing to refer a matter to arbitration?

by Baglekar Akash Kumar†

Published on March 25, 2021March 25, 2021By Editor
Leave a comment4900 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT | Whether Resolution Plan can be shared with Jet Airways employees or not? Verdict explains provisions revolving around confidentiality, purpose of code and more

National Company Law Tribunal, Mumbai Bench: The Coram of Janab Mohammed Ajmal (Judicial Member) and V. Nallasenapathy (Technical Member),  decided the issue

Published on February 24, 2021March 5, 2021By Bhumika Indulia
Leave a comment4052 views
Case BriefsHigh Courts

Utt HC | Audi alteram partem is the soul of principle of natural justice; Court issues directions

Uttaranchal High Court: The Division Bench of Narayan Singh Dhanik and Ramesh Chandra Khulbe, JJ., disposed of a writ petition while giving

Published on February 4, 2021February 5, 2021By Editor
1 Comment3559 views
Case BriefsHigh Courts

Guj HC | Whether a matter is required to be remanded in order to comply with the principles of natural justice where there has been intermingling of documents; Court explains

Gujarat High Court: R.P. Dholaria, J., allowed an appeal which was filed in order to decide whether a matter can be remanded

Published on January 9, 2021January 22, 2021By Editor
Leave a comment2477 views
Case BriefsSupreme Court

‘Citizens have the right to know and participate in deliberation and decision making’; Justice Khanna dissents in 2:1 verdict clearing the Central Vista Project

“Deliberative democracy accentuates the right of participation in deliberation, in decision-making, and in contestation of public decision-making.”

Published on January 5, 2021January 8, 2021By Prachi Bhardwaj
Leave a comment4425 views
Case BriefsSupreme Court

Here’s why the Supreme Court gave a go-ahead to Central Vista Project in a 2:1 verdict [Read majority opinion]

What purpose will a public interest proceeding serve if the fulfilment of one notion of public interest leads to a clear subjugation of another legitimate action of the State taken in public interest concerning project of national importance touching upon democratic polity.

Published on January 5, 2021January 8, 2021By Prachi Bhardwaj
1 Comment4569 views
Case BriefsHigh Courts

All HC | Fundamental principle of natural justice audi alteram partem cannot be violated; Court issues directions  

Allahabad High Court: The Division Judge Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., disposed off a writ petition

Published on November 25, 2020November 27, 2020By Editor
Leave a comment5129 views

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