Right to fair hearing Archives

State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders

By virtue of the two impugned actions/orders, today the respondents are trying to wrongly give retrospective seniority to the other similarly situated personnel like the petitioners herein by putting them ahead of such petitioners in the already existing seniority list as on date, which, as per the settled position of law, is not permissible.

Case Briefs Supreme Court

Community Certificate cannot be declared fake without hearing the certificate holder: Supreme Court

In the case at hand, as the right to be heard was denied to the community certificate holder, the burden of proof to disprove the nature of the certificate, had not been discharged. Hence, the Supreme Court presumed the community certificate to be genuine.

Case Briefs Foreign Courts

Can’t allow collateral attack on the criminal convictions: High Court of the Republic of Singapore dismisses constitutional challenge by 4 inmates against provisions in drug law

“Despite the claimants’ assertion that they seek only to examine the Constitution, the true subject matter of the present application is the propriety of the claimants’ convictions, which were the remit of their respective cases in the High Court and Court of Appeal. This application for permission amounts to a collateral attack on the earlier criminal decisions.”