natural justice Archives

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†

Case Briefs Tribunals/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

Case Briefs High 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

Case Briefs High 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

Case Briefs Supreme 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.”

Case Briefs Supreme 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.

Case Briefs High 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

Case Briefs High Courts

Ker HC | Can demand notices issued under S. 13(2) of SARFAESI Act be challenged invoking writ jurisdiction of High Courts? Court considers

Kerala High Court: A.M. Badar, J., while addressing the instant matter held that, demand notices under Section 13(2) of the SARFAESI Act can

Case Briefs Supreme Court

Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates

Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:

Op Eds OP. ED.

The Glaring Lacuna of the Indian Constitution

by Ivan & Vivek Mathur*

Case Briefs High Courts

Ori HC | “Fraud vitiates every solemn act”: Court deprecates attempt of forum shopping while rejecting petition against termination of contract

Orissa High Court: S.K. Panigrahi, J., while addressing the present petition held that the present case to be a clear case of forum

Op Eds OP. ED.

Jumping the wall from West Berlin to East Berlin

by Anurag Tripathi*

Case Briefs High Courts

Jhar HC | Interference with orders passed pursuant to departmental enquiry can only be in case of ‘no evidence’

Jharkhand High Court: Dr S.N. Pathak, J. dismissed the instant writ petition being devoid of merit. The brief facts of the case

Case Briefs High Courts

HP HC | Passing an order without giving the opportunity of hearing is a violation of natural justice; Court dismisses appeal

Himachal Pradesh High Court: A Division Bench of L. Narayana Swamy, CJ and Jyotsna Rewal Dua, J., dismissed an application which was

Case Briefs High Courts

Utt HC | Law provides a remedy at two stages, one before authority concerned and later before appellate authority, both must be fair and in compliance with the norms of natural justice

Uttaranchal High Court: Sudhanshu Dhulia, J., contemplated a petition presented before him by the petitioner who was a member of Waqf Board

Case Briefs High Courts

Utt HC | Ombudsman directed to follow principles of natural justice when deciding fee enhancement issue of private Institute

Uttaranchal High Court: Sudhanshu Dhulia, J. entertained a writ petition related to the enhancement of fee, where the petitioner who was a

Case Briefs High Courts

Jhar HC | Employer is vested with discretion to condone suppression of fact, if the same does not render an incumbent unfit for the post

Jharkhand High Court: Ananda Sen, J. set aside the order of termination and the decision of the Screening Committee CISF, with a

Case Briefs High Courts

Jha HC | Orders by quasi-judicial authorities must be recorded and reasoned for securing natural justice

Jharkhand High Court: Sujit Narayan Prasad, J. entertained a writ petition against the rejection of application for issuance of Caste certificate to