Rajasthan High Court: Speedy disposal of Trademark application a Fundamental Right under Article 21
The Court issued a general direction to the Registrar of Trademarks to decide all pending trademark registration applications as early as possible.
Principles of natural justice
Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags
“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”
Know why Rajasthan High Court directed NTA to decide afresh the case of a JEE (Main), 2025 aspirant accused of using unfair means
“It is a settled proposition of law that whenever any stigmatic order is passed against a person, which causes stigma on his career in future, it is bounden duty of the authority concerned to provide him opportunity of hearing, before passing such an order.”
Principles of Natural Justice: Definition, Application to Administrative Proceedings and Contours of Application
by Rimali Batra* and Col Rajeev Anand (Retd)**
HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Stories on Lawrence Bishnoi Gang; Corruption case against Judges; Jagjit Singh Dallewal; and more
A quick legal roundup to cover important stories from all High Courts this week.
Principles of natural justice to be read into S.8 of Goa Tourist Places (Protection and Maintenance) Act, 2001 prior to directing recovery of expenses/costs incurred to remove nuisance: Bombay HC
Once it is found that the original order is passed by the Competent Authority without giving any opportunity of hearing to the petitioner, the same is liable to be set aside as having been passed in violation of the principles of natural justice.
‘No one can be a judge in their own cause’; Bombay HC reiterates principle of natural justice in petition against BPCL
The Court noted that the appellate authority formed under BPCL’s Policy remedy would have comprised of their officers, and the same could not be permitted as BPCL could not be a judge in their own cause.
[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order
The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.
[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment
Debarment encompasses a broader scope than termination, as it can prohibit an entity from entering into any contracts with a company altogether, rather than just ending one specific contract, as is the case with termination.
‘Mere mockery of the principles of natural justice and fair play’; Delhi High Court sets aside order expelling JNU student in 2011
“The opportunity to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.”
Truck is a capital asset of transporter utilised for generating income, seizure without show cause notice violates civil rights: Allahabad HC
Allahabad High Court noted that the penalty order does not appear to bring out any conduct of the petitioner as may indicate or establish collusion between the petitioner and the importing dealer.
75 Landmark Constitutional Law Judgments in 2023 by the Supreme Court of India [Part I of III]
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 2
Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC
“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”
Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice
“Natural justice is an important concept in administrative law. It is not possible to define precisely and scientifically the expression Natural Justice. The principle of natural justice or fundamental rules of procedure of administrative action, are neither fixed nor prescribed in any code”
Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice
Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.
Know Thy Judge| Justice Alok Aradhe: 6th Chief Justice of Telangana High Court
Justice Alok Aradhe was sworn in as Chief Justice of Telangana High Court on 23-07-2023 by the Governor Tamilisai Soundararajan. He succeeded Justice Ujjal Bhuyan who has been elevated as a Judge in the Supreme Court of India. Justice Aradhe has formerly served as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
‘Telephonic conversations for brief period cannot be construed as hearing’; Delhi High Court sets aside order passed in violation of S. 75 of CGST Act
“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”
Delhi High Court warns PMLA Adjudicating Authority to avoid using template paragraphs and disconcerted language in the impugned order
Delhi High Court observed that repeated use of templated paragraphs, as though the principles of Natural Justice are mere rhetoric, is not permissible.
Explained| Supreme Court’s judgment on classifying borrower’s accounts ‘fraudulent’ by Lender Banks vis-a-vis Audi Alteram Partem
‘Audi alteram partem application cannot be impliedly excluded under the Master Directions on Frauds.’