News Muncher - category natural justice

1 day, 8 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution

2 days, 3 hours ago

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Live Law

The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government. A division bench of Chief Justice N V Anjaria and Justice K V …

Exercise Natural Justice Minimum Wage Judge Wages Statutory Act

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

Supreme Court Natural Justice Eviction Public Premises Inquiry High Proceedings

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

High Court Natural Justice Eviction Public Premises Inquiry Proceedings Adv

1 week, 2 days ago

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

Live Law

Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions legally unsustainable. Court Observations: …

Justice High Court Court Natural Justice Show Cause Notice Demolition Order

1 week, 3 days ago

SC scraps prosecution of ex-IPS officer, cites violation of natural justice

Hindustan Times

NEW DELHI: The Supreme Court on Friday underlined the foundational principles of natural justice and fair trial as it quashed the prosecution of a former Haryana woman Indian Police Service officer in a case related to the alleged wrongful implication of three individuals in a drugs case. The apex court reserved particularly harsh words for the special NDPS judge, noting …

Justice Court Natural Justice Judge Act Special Ips

1 week, 6 days ago

Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination

Live Law

A single judge bench in the High Court of Tripura, composed of Justice T Amarnath Goud ruled that the petitioner's unauthorized absence was a sufficient ground for his termination from the service as he was given sufficient opportunities to respond. Industries Ltd., as well as State of Orissa v. Dr. Binapani Dei and Another cases were also relied upon by …

Court Natural Justice Order Termination Employee Absence Given

2 weeks, 3 days ago

Complete Police Verification Of Candidates Selected For Govt Service Within 6 Months Of Their Appointment : Supreme Court Directs All States

Live Law

The Supreme Court warned against the careless and indifferent approach of the Police Authorities in failing to submit the Police Verification Report of candidates selected for government service appointments within the required timeframe, affecting the regularization of candidates. In this regard, the bench comprising Justice JK Maheshwari and Justice R Mahadevan issued a direction to “ the police official of …

Justice Supreme Court Court Candidates Verification Natural Justice Service

2 weeks, 4 days ago

Kerala HC quashes dismissal of students accused in Sidharthan death case

The Hindu

The Kerala High Court on Thursday quashed an order of the anti-ragging committee of Kerala Veterinary and Animal Sciences University expelling some students of Government Veterinary College, Pookode, Wayanad, who are accused in a case relating to the death of Sidharthan J.S., a student of the college. The court also quashed the order of the university debarring the accused students …

Natural Justice Inquiry Order Veterinary College

2 weeks, 6 days ago

Tax Monthly Digest: November 2024

Live Law

SUPREME COURT DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment Case Details : COMMISSIONER OF CUSTOMS vs. M/S CANON INDIA PRIVATE LIMITED Case no. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma ruled, “Assessee's contention that E4e Healthcare is functionally dissimilar to the assessee and therefore, could …

Delhi Supreme Court Writ Petition Writ Jurisdiction Tax Court Uttar Pradesh

3 weeks ago

Karnataka High Court Sets Aside NGT's ₹2.94 Crore Fine Imposed On Indian Army's Training Unit For Polluting Ulsoor Lake

Live Law

The Karnataka High Court has set aside an order of the National Green Tribunal directing Madras Engineering Group, a training Unit of the Indian Army, to pay an environmental compensation of Rs Rs.2,94,63,000 for polluting Ulsoor Lake in Bengaluru. A division bench of Chief Justice N V Anjaria and Justice K V Aravind said “This Court is inclined to exercise …

Justice Compensation Court Natural Justice Order High Proceedings

3 weeks ago

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Live Law

Nominal Index State of Kerala v Jayakrishnaraj G, 2024 LiveLaw 748 Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw 749 The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw 750 Pooja Anand v Ashokan K. and Another, 2024 LiveLaw 751 Georgekutty C X v Chairman and Managing Director, KSEB, 2024 LiveLaw …

India Justice Kerala Malayalam Natural Justice Income Tax Sexual Harassment

3 weeks, 2 days ago

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

Live Law

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem, such orders cannot be …

Justice Tax Court Natural Justice Order Opportunity Hearing

1 month ago

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

Live Law

“It is clear that no procedure was followed by the respondents as provided under Rule 14 of Rules of 1965…the enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed. The witnesses did not physically appear before the Enquiry Officer and no opportunity to cross-examine those witnesses is …

Procedure Court Natural Justice Violation Sexual Harassment Service Rules

1 month ago

Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

Live Law

The Kerala High Court has held that the Port Trust Authority is empowered to take decisions regarding movement of vessels, boats, watercrafts within port waters to ensure the safety and security of passengers and watercraft. The Court was considering challenge against an order of the Deputy Conservator of the Port Trust, which mandated the closure of a fuel bunk jetty. …

Trust Court Natural Justice Order Stated Fort Kochi Boats

1 month ago

ESIC Issuing Demands Without Proper Inquiry Violates Principles Of Natural Justice: Kerala HC

Live Law

Kerala High Court: A Single Judge Bench of Justice N. Nagresh set aside the Employees State Insurance Corporation's orders demanding ₹23.5 crore in ESI contributions from Kerala State Electricity Board Ltd.. The Court found that ESIC failed to conduct proper investigation into the employment terms of contract workers and violated principles of natural justice by not providing KSEB an opportunity …

Contract Court Natural Justice Workers Sri Kseb Esic

1 month ago

Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

Live Law

Patna High Court: A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. He argued that such action violated principles of natural justice and an earlier ruling by the Patna High Court, which had explicitly restricted the Pay Verification Cell's powers. For …

Court University Verification Natural Justice Pay State Notice

1 month, 1 week ago

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

Live Law

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court …

Law Police Public Health Bihar Court Penalty Natural Justice

1 month, 1 week ago

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

Live Law

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92 of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92 of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should …

Bombay High Court Natural Justice Order Rejection Rules Hearing Rule

1 month, 1 week ago

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has emphasized that the authority to attest or annul a mutation is quasi-judicial in nature. Such authority, vested in Revenue Officers, must be exercised in strict compliance with the J&K Land Revenue Act, ensuring an opportunity for the affected parties to be heard in line with natural justice principles, the court underscored. …

Justice Court Natural Justice Land Power Revenue Act

3 months ago

Reducing Grant Of Aided Institutions Affects Students' Education, Requires Adhering To Natural Justice Principles: Rajasthan High Court

Live Law

A single judge bench of Justice Avneesh Jhinghan in its order said, " Section 7 provides that no aid shall be claimed by the institution as a matter of right. Once such aid has been granted, any subsequent reduction/stopping of the aid would have to adhere to principles of natural justice under Rule 18 of the Rajasthan Non-Government Educational Institutions …

Natural Justice Order Aid Rule Grant Institutions Principles

4 months ago

Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court

Live Law

The Punjab & Haryana High Court has made it clear that the guiding principles of natural justice, equity etc. under Section 22-D of the Legal Services Authorities Act are required to be followed by the Lok Adalat only in specific issues raised before it and that it cannot issue generalised directions without being conferred with any power to do so.The …

Home Justice Legal Court Services Natural Justice Bank

4 months, 1 week ago

Best Judgment Assessment Passed U/s 144 Without Giving Seven Day's Time To Taxpayer To Respond To SCN: Bombay HC Quashes Assessment

Live Law

Finding that the AO has arbitrarily exercised jurisdiction by granting an extension of only two days to the Assessee in filing reply to the SCN, the Bombay High Court quashed the assessment and remanded the proceedings for passing fresh assessment order u/s 144 read with Section 144B. The Division Bench comprising of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan …

Natural Justice Assessment Bench Seven Days Sop Petitioner Respond

4 months, 1 week ago

Automatic Cancellation Of Bail Order Without Hearing Accused Is Violative Of Natural Justice Principles, Fundamental Rights: Madhya Pradesh HC

Live Law

The Madhya Pradesh High Court at Jabalpur has addressed the legality of an automatic cancellation clause in bail orders. The Court, while recalling its previous order dated 14.03.2022, stated unequivocally that any condition leading to the automatic cancellation of bail without due process and opportunity of hearing infringes upon the fundamental right to personal liberty. The judgment stated "If there …

Justice Court Bail Natural Justice Fundamental Rights Order Fundamental

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Articles for Natural Justice

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

SC scraps prosecution of ex-IPS officer, cites violation of natural justice

Unauthorized Absence From Service, Sufficient Ground For Dismissal, Tripura High Court Upheld Employee's Termination

Complete Police Verification Of Candidates Selected For Govt Service Within 6 Months Of Their Appointment : Supreme Court Directs All States

Kerala HC quashes dismissal of students accused in Sidharthan death case

Tax Monthly Digest: November 2024

Karnataka High Court Sets Aside NGT's ₹2.94 Crore Fine Imposed On Indian Army's Training Unit For Polluting Ulsoor Lake

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

ESIC Issuing Demands Without Proper Inquiry Violates Principles Of Natural Justice: Kerala HC

Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

Reducing Grant Of Aided Institutions Affects Students' Education, Requires Adhering To Natural Justice Principles: Rajasthan High Court

Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court

Best Judgment Assessment Passed U/s 144 Without Giving Seven Day's Time To Taxpayer To Respond To SCN: Bombay HC Quashes Assessment

Automatic Cancellation Of Bail Order Without Hearing Accused Is Violative Of Natural Justice Principles, Fundamental Rights: Madhya Pradesh HC