natural justice

Case BriefsSupreme Court

Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates

Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:

Op EdsOP. ED.

The Glaring Lacuna of the Indian Constitution

by Ivan & Vivek Mathur*

Case BriefsHigh Courts

Ori HC | “Fraud vitiates every solemn act”: Court deprecates attempt of forum shopping while rejecting petition against termination of contract

Orissa High Court: S.K. Panigrahi, J., while addressing the present petition held that the present case to be a clear case of forum

Op EdsOP. ED.

Jumping the wall from West Berlin to East Berlin

by Anurag Tripathi*

Case BriefsHigh Courts

Jhar HC | Interference with orders passed pursuant to departmental enquiry can only be in case of ‘no evidence’

Jharkhand High Court: Dr S.N. Pathak, J. dismissed the instant writ petition being devoid of merit. The brief facts of the case

Case BriefsHigh 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 BriefsHigh Courts

Utt HC | Law provides a remedy at two stages, one before authority concerned and later before appellate authority, both must be fair and in compliance with the norms of natural justice

Uttaranchal High Court: Sudhanshu Dhulia, J., contemplated a petition presented before him by the petitioner who was a member of Waqf Board

Case BriefsHigh Courts

Utt HC | Ombudsman directed to follow principles of natural justice when deciding fee enhancement issue of private Institute 

Uttaranchal High Court: Sudhanshu Dhulia, J. entertained a writ petition related to the enhancement of fee, where the petitioner who was a

Case BriefsHigh Courts

Jhar HC | Employer is vested with discretion to condone suppression of fact, if the same does not render an incumbent unfit for the post

Jharkhand High Court: Ananda Sen, J. set aside the order of termination and the decision of the Screening Committee CISF, with a

Case BriefsHigh Courts

Jha HC | Orders by quasi-judicial authorities must be recorded and reasoned for securing natural justice

Jharkhand High Court: Sujit Narayan Prasad, J. entertained a writ petition against the rejection of application for issuance of Caste certificate to

Case BriefsHigh Courts

Ori HC | No ambit of writ of certiorari under Article 226 when there is neither procedural irregularity in conducting inquiry nor violation of natural justice

Orissa High Court: A Division Bench of S.K. Mishra and Dr A.K. Mishra, JJ., dismissed the writ petition against the judgment declining

Case BriefsHigh Courts

Cal HC | Rejecting adjournment prayer is not a breach of principles of natural justice

Calcutta High Court: Debangsu Basak, J., dismissed a petition filed by State Fisheries Development Corporation relating to a land dispute with the State.

Case BriefsHigh Courts

Pat HC | When order is violative of principles of natural justice, plea of alternative remedy would not bar exercise of jurisdiction under Article 226

Patna High Court: The Bench of Madhuresh Prasad, J., allowed the writ petition which was filed against the act of arbitrary stoppage

Case BriefsTribunals/Commissions/Regulatory Bodies

Admission of application under Section 9 I&B Code without notice to corporate debtor held contrary to law, violative of natural justice: NCLAT

National Company Law Appellate Tribunal (NCLAT): A Two-Member Bench comprising of S.J. Mukhopadhaya(Chairperson) and Bansi Lal Bhatt (Member-Judicial), JJ. set aside an

Case BriefsHigh Courts

Kerala HC quashes Forest Conservator’s order for being violative of natural justice, directs fresh consideration of matter  

“Water necessary for farmers’ survival” Kerala High Court: A Single judge bench comprising of Shaji P. Chaly, J. while hearing a civil

Case BriefsHigh Courts

Issuance of distress warrant under the Bihar and Orissa Public Demands Recovery Act, 1914 requires principles of natural justice to be followed by the Certificate Officer

Jharkhand High Court: A Single judge bench comprising of Anubha Rawat Choudhury, J. while dealing with a civil writ petition directed the

Case BriefsForeign Courts

Defaulting party needs to satisfy the Court on grounds of default on his part; appeal against ex-parte order dismissed

Court of Appeal of the Democratic Socialist Republic of SriLanka: A Single Judge Bench comprising of M.M.A. Gafoor, J. dismissed an appeal against

Case BriefsHigh Courts

No recovery can be done from the retiral benefits without conforming to the principles of natural justice

Jharkhand High Court: A Single Judge Bench of Dr S.N. Pathak, J., partly allowed a writ petition filed against the order of

Case BriefsHigh Courts

Circumstances which may be used against an accused must be placed before him during examination under Section 313 CrPC

Calcutta High Court: A  Division Bench comprising of Joymalya Bagchi and Ravi Krishan Kapur, JJ.  disposed of the criminal appeal filed by

Case BriefsHigh Courts

Art. 226 can be invoked despite the availability of alternate remedies in cases of miscarriage of natural justice

Madhya Pradesh High Court: The Court entertained a writ petition under Article 226 despite the availability of alternate remedies. The case before