natural justice Archives

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

Case Briefs High Courts

Ori HC | No ambit of writ of certiorari under Article 226 when there is neither procedural irregularity in conducting inquiry nor violation of natural justice

Orissa High Court: A Division Bench of S.K. Mishra and Dr A.K. Mishra, JJ., dismissed the writ petition against the judgment declining

Case Briefs High Courts

Cal HC | Rejecting adjournment prayer is not a breach of principles of natural justice

Calcutta High Court: Debangsu Basak, J., dismissed a petition filed by State Fisheries Development Corporation relating to a land dispute with the State.

Case Briefs High Courts

Pat HC | When order is violative of principles of natural justice, plea of alternative remedy would not bar exercise of jurisdiction under Article 226

Patna High Court: The Bench of Madhuresh Prasad, J., allowed the writ petition which was filed against the act of arbitrary stoppage

Case Briefs Tribunals/Commissions/Regulatory Bodies

Admission of application under Section 9 I&B Code without notice to corporate debtor held contrary to law, violative of natural justice: NCLAT

National Company Law Appellate Tribunal (NCLAT): A Two-Member Bench comprising of S.J. Mukhopadhaya(Chairperson) and Bansi Lal Bhatt (Member-Judicial), JJ. set aside an

Case Briefs High Courts

Kerala HC quashes Forest Conservator’s order for being violative of natural justice, directs fresh consideration of matter

“Water necessary for farmers’ survival” Kerala High Court: A Single judge bench comprising of Shaji P. Chaly, J. while hearing a civil

Case Briefs High Courts

Issuance of distress warrant under the Bihar and Orissa Public Demands Recovery Act, 1914 requires principles of natural justice to be followed by the Certificate Officer

Jharkhand High Court: A Single judge bench comprising of Anubha Rawat Choudhury, J. while dealing with a civil writ petition directed the

Case Briefs Foreign Courts

Defaulting party needs to satisfy the Court on grounds of default on his part; appeal against ex-parte order dismissed

Court of Appeal of the Democratic Socialist Republic of SriLanka: A Single Judge Bench comprising of M.M.A. Gafoor, J. dismissed an appeal against

Case Briefs High Courts

No recovery can be done from the retiral benefits without conforming to the principles of natural justice

Jharkhand High Court: A Single Judge Bench of Dr S.N. Pathak, J., partly allowed a writ petition filed against the order of