natural justice Archives

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

Case Briefs High Courts

Jhar HC | Principles of natural justice required to be followed and cannot be waived out depending upon quantum of punishment; Reiterated mandate of natural justice in blacklisting cases

Jharkhand High Court: A Division Bench of Ravi Ranjan, CJ and Sujit Narayan Prasad, J. allowed the appeal and quashed the impugned

Case Briefs High Courts

Refusal of a trade mark without even affording a hearing would be contrary to fundamental tenets of natural justice: Del HC

Delhi High Court: Prathiba M. Singh, J., expressed that, refusing trade mark without even affording a hearing would be contrary to the

Case Briefs High Courts

Mother alleged to have extra-marital affair, will father be granted custody of children? Guj HC decides

Gujarat High Court: Ashok Kumar C. Joshi, J., denied granting child custody to father, wherein the mother was alleged to have extra-marital

Case Briefs High 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

Case Briefs Supreme 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

Case Briefs Supreme 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

Case Briefs Supreme 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

Case Briefs High 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

Case Briefs Supreme 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs Supreme 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”

Case Briefs High 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

Case Briefs High 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

Op Eds OP. ED.

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

by Baglekar Akash Kumar†