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Showing posts with label principles of natural justice. Show all posts
Showing posts with label principles of natural justice. Show all posts
Sunday, 27 September 2026

Absent, Not Absconding: Rajasthan High Court Holds That Illness-Driven Absence Cannot Cost a Government Servant His Job — Even After Death

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  A widow's decade-long legal battle ends with the Court holding that "unauthorized absence" is not the same as "willful ...
Sunday, 14 June 2026

Bombay HC: A preliminary inquiry and opportunity of hearing are not mandatory before a court directs filing a complaint U/S 379 of BNSS

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Criminal Procedure - Forgery - Complaint against advocate - Section 379 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Present petition...
Saturday, 22 November 2025

Supreme court: Non-Observance of Natural Justice: Prejudice in Itself

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  57.   Mr. Naphade would submit that the Appellant did not suffer any prejudice. We do not agree. Infringement of such a valuable right its...

Supreme court: When an order has been passed in violation of a fundamental right or in breach of the principles of natural justice, the same would be a nullity

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 In A.R. Antulay v. R.S. Nayak   MANU/SC/0002/1988 : (1988) 2 SCC 602 a seven-Judge Bench of this Court has also held that when an order has...
Tuesday, 23 September 2025

Revolutionary Precedent: Supreme Court Empowers Pollution Control Boards to Impose Environmental Compensation Beyond Criminal Penalties

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  A Paradigm Shift in Environmental Regulatory Authority In a landmark judgment delivered in August 2025, the Supreme Court of India in De...
Sunday, 2 June 2024

Supreme Court: Right To Property | 7 Sub-Rights of land owner Which State Must Protect During Land Acquisition

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 The Right to property: A net of intersecting rights: There is yet another aspect of the matter. Under our constitutional scheme, compliance...
Sunday, 28 April 2024

Supreme Court: Enquiry under POSH Act is to be conducted afresh if there is violation of principle of natural justice

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  In fact, the glaring defects and the procedural lapses in the inquiry proceedings took place only thereafter, in the month of May, 2009, w...

Leading Supreme Court Judgment on Prevention of Sexual harassment Act (POSH ACT 2013)

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O. DIRECTIONS 79. To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue...
Saturday, 12 November 2022

Whether Unfair trial can be cured by fair appeal?

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  It is then urged by learned Counsel for the appellant that the provision of an appeal under Section 22-A of the Act is a complete safeguar...
Friday, 28 October 2022

Whether public authorities are bound to follow principles of natural justice while terminating a contract as per the terms of the agreement?

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  In M/s Radhakrishna Agarwal Vs. State of Bihar, (1977) 3 SCC 457, it is held that in case of enforcement of contractual rights and liabili...
Tuesday, 28 December 2021

Whether party can claim that principles of natural justice are violated if he is not permitted by arbitrator to cite one caselaw?

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  The only question that remains to be addressed is whether the principles of natural justice were violated and RVNL was prevented from cont...
Monday, 17 May 2021

Whether court can set aside an order of demolition if one officer of Municipal Corporation has heard the petitioner and another officer has passed the order without hearing him?

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 Learned counsel for the petitioner submits that apart from the fact  that his documents were not considered solely on the ground that some ...
Saturday, 26 December 2020

What are the powers of the high court in the challenge of disciplinary action against an employee?

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 In  Union of India  v.  P. Gunasekaran8,  this Court held as follows : (SCC pp. 616-17, paras 12-13) “12. Despite the well-settled position...
Sunday, 29 November 2020

Leading Supreme court Judgment on the obligation of disciplinary authority to furnish enquiry report to delinquent in the departmental enquiry

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 This group of matters is at the instance of various parties, viz., Union of India, Public Sector Corporations, Public Sector banks, State G...
Saturday, 21 November 2020

Whether University can take adverse action against law student without following principles of natural justice?

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Petitioner who joined the Five Year B.A. LL.B (Hons.) Course in the respondent – University from the Academic Year 2017-18, is declared to h...
Saturday, 17 October 2020

Whether non-observance of principles of natural justice will invalidate the proceeding?

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 An analysis of the aforesaid judgments thus reveals: (1)Natural justice is a flexible tool in the hands of the judiciary to reach out in fi...