Principles of natural justice
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.’
Supreme Court sets aside Orissa HC order against Lokayukta’s direction to conduct preliminary inquiry against MLA; says Natural Justice principles not followed
Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.
Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application
In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.
Delhi High Court | ‘Postings on Facebook cannot be treated as determinative of the location of a person at a particular point of time’
The Delhi High Court held that Facebook posts cannot be treated as determinative of the location of a person at a particular point of time. Therefore, the Court set aside the order of Intellectual Property Appellate Board and restored the rectification petitions filed before the Intellectual Property Appellate Board for re-hearing.
Madras High Court| Proper reasons to be given for rejecting GST Registration Applications; Just writing ‘rejected’ would not suffice
Madras High Court: Anita Sumanth, J. set aside the impugned order which rejected a registration application filed under Section 22
Kar HC | Passing an order of debarment or blacklisting without prior notice is bad in law; Affects Right to Life
Karnataka High Court: S.G Pandit, J. disposed of the petition leaving respondent-Railway authorities at liberty to take action against the catering services
Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict
Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?
Ori HC | No other authority can sit as an Appellate Authority over the selection made by the selection committee by following due procedure; Petition allowed
Orissa High Court: A Division Bench of Mohammed Rafiq CJ and B. R. Sarangi J., allowed the petition quashing the impugned termination
Del HC | Cancellation of UPSC interviews is not to be viewed solitarily as a one-off incident, represents a deeper malaise in selection: Read Verdict on cancellation of UPSC interviews
Delhi High Court: Prathiba M. Singh, J., while addressing the grievance of UPSC aspirants in regard to cancellation of interviews to be held
Bom HC | Situations where principles of natural justice require an opportunity of hearing, would it mean a mandatory personal hearing? HC explains it’s position in light of SEBI Regulations
Bombay High Court: A Division bench of Nitin Jamdar and Milind Jadhav, JJ., observed that there is no duty on the SEBI Board
Bom HC | Pension payable to employees upon superannuation is a ‘property’ under Art. 300-A & fundamental right to livelihood under Art. 21: Pension can’t be deducted without authority of law
Bombay High Court: A Division Bench of R.K. Deshpande and N.B. Suryawanshi, JJ., while addressing an issue with regard to the deduction of
Jhar HC | Principle of estoppel to operate when candidate appears at examination without objection and is subsequently found to be unsuccessful
Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition and no relief given to the petitioners. The facts of the case
All HC | Additional Collector can exercise powers and discharge the duties of a Collector under U.P. Land Revenue Act or any other Act for the time being in force
Allahabad High Court: Dr Y.K. Srivastava, J. while dismissing the petition observed that the assertion made by the petitioner that the proceedings
Madras HC | No laws or regulations forbearing unmarried persons of opposite sex to occupy hotel rooms as guests
“Occupation of hotel room by an unmarried couple, will not attract a criminal offence” Unmarried couples sharing hotel room doesn’t attract criminal
Pat HC | Salary not to be granted for period when rejoining of services was offered by a convicted employee when he was out on bail but was not acquitted
Patna High Court: Madhuresh Prasad, J. disposed of the writ petition on the ground that the petitioner was not incarcerated when joining