[Non-supply of Inspection Report] Allahabad High Court declares State Government order, cancelling mining lease as arbitrary
Allahabad High Court said that the proceedings against the petitioner based only on inspection report is arbitrary.
natural justice
Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court
The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.
Inability to produce required documents due to COVID-19 lockdown; Gujarat High Court quashes reassessment order
Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.
Delhi High Court quashes arbitral award for ineffective delivery of notice and wrong application of Indian laws in a case governing UAE Federal Labour Law
The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.
SLS Pune | Round Table Discussion on “Draft Guidelines for Conducting Preliminary Assessment Under Section 15 of JJ Act, 2015”
Upon the invitation of the National Commission for Protection of Child Rights (NCPCR), Symbiosis Law School, Pune, a constituent of Symbiosis International
Delhi High Court| Introduction of Voluntary Retirement Scheme by a Department does not automatically qualify an employee to the benefits of the scheme as a matter of right
Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.
Whether electro-magnetic radiation from a mobile tower would cause irreparable harm to children with disabilities? Bombay HC answers in negative
Bombay High Court: The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of
Characterising it as ‘sketchy’ and ‘non-speaking’, Rajasthan High Court sets aside the order of the Joint Commissioner, GST
It suffered from non-application of mind and was in violation of mandatory requirement of section 75 (6) of the CGST Act.
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.”
Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person
AFT held that there was no violation of principles of natural justice while discharging the applicant from service. Further, there is no place for generosity or misplaced sympathy on the part of the judicial forums particularly in the matter of recruitment and employment in a sensitive establishment like the Armed Forces.
Chairman of the Vidhan Parishad not bound to recognise the leader of opposition party having the greatest numerical strength; Allahabad High Court upholds notification withdrawing recognition of Lal Bihari Yadav as Leader of Opposition in UP Legislative Council
Allahabad High Court: In a proceeding initiated by member of the UP Legislative Council- Lal Bihari Yadav, under Article 226
[Principles of Natural Justice] J&K and Ladakh HC | The expression ‘Application of Mind’ is not meant as a matter of usage for ritual sake but is a living principle of law
Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein a person’s engagement as Rehbar-e-Khel was cancelled
SCC Snippets| Exclusion of Audi Alteram Partem rule at the stage of investigation
In Union of India v. W.N. Chadha,1993 Supp (4) SCC 260, the bench of S. Ratnavel Pandian and K. Jayachandra Reddy, JJ explained the exclusion of the application of the principle of audi alteram partem in relation to an accused at the stage of investigation.
Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman
Kerala High Court: In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes
Absence from duty without leave under CRPF is a gravest misconduct; Manipur High Court upheld order of Disciplinary Authority of dismissal from service
Manipur High Court: In a writ petition filed to quash the dismissal order dated 18.1.2005 on the ground that it
Supreme Court observes documents relied upon for formation of opinion under Rule 3 of the SEBI Adjudication Rules 1995, not required to be disclosed to the noticee unless relied upon in the inquiry
Supreme Court: In a special leave petition against the impugned judgment passed by the Bombay High Court, whereby, the Court dismissed the
Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers
“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”
Whether dismissal order served without show cause notice justified when there’s suspicion of involvement in espionage & anti-national activities? Armed Forces Tribunal decides
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld
“The claim pertains to events that occurred between 2016 and 2018 and was then not followed up until 2022, a few days before the sentence was to be carried out. For all these reasons we are satisfied that OC 173 is without merit and an abuse of process and cannot therefore be a basis for us to grant a stay of execution.”