Opportunity of Hearing Archives

‘Poker and rummy are games of skill and not gambling’; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit

The permission being granted by itself would not prevent the authorities from checking on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.

Case Briefs High Courts

‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment

In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.

Case Briefs High Courts

‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim

“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”

Case Briefs High Courts

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.

Case Briefs 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.”

Case Briefs Supreme Court

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.’

Case Briefs High Courts

Bom HC | Denial of urgent hearing by DRT: Court says opportunity of hearing is integral part of constitutional philosophy well embedded in Arts. 14 and 21

Bombay High Court: The Division Bench of Sunil B. Shukre and Anil S. Kilor, JJ., held that mandate of Section 34 leaves

Case Briefs High Courts

Chh HC | Does forfeiture of earned remission of a convict without giving reasonable opportunity of hearing would amount to violation of fundamental right under Art. 21 Constitution of India? HC observes

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the petition and held that forfeiture of earned remission of a convict is violative

Case Briefs High Courts

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397

Case Briefs High Courts

All HC | Data collected for NPR shall be foundation for NRC, thus necessary to provide pro forma collecting personal data of citizens — Notice issued

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Chandra Dhari Singh, J. allowed and listed the present petition on 06-03-2020,

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

Pat HC | High Court cannot be approached under Art. 226 when opportunity of hearing before a Magistrate is not availed

Patna High Court: Ashwani Kumar Singh, J. dismissed the application to quash the police report submitted by the investigating officer as it

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Penalty imposed on appellants for violation of SCRA waived off by BSE; matter remanded for fresh adjudication

Securities Appellate Tribunal (SAT), Mumbai: Coram of Justice Tarun Agarwala, (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi, (Judicial Member) directed

Case Briefs High Courts

Guj HC | Amidst allegations of gambling activities, Court gives due respect to Principles of Natural Justice

Gujarat High Court: A Bench of A.Y Kogje, J. partly allowed a petition whereby the case was remanded back to the Sub-Divisional

Case Briefs High Courts

Ker HC | No requirement to provide opportunity of hearing before making a suspension under rationing order, in emergent situations

Kerala High Court: The Bench of Shaji P. Chaly, J. disposed of a civil writ petition against suspension under rationing order, allowing

Case Briefs High Courts

All HC | Principles of natural justice cannot be applied where opportunity of hearing would make no difference to outcome

Allahabad High Court: The writ petition was filed before a Division Bench of Abhinava Upadhya and Yogendra Kumar Srivastava, JJ., challenging the