Natural Justice

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018)

/ A.K. Sikri, Additional Evidence, Appellate Procedure, Ashok Bhushan, Civil Procedure, Code of Civil Procedure, 1908, Judges, Natural Justice, Order XLI Rule 2, Code of Civil Procedure, 1908, Order XLI Rule 27, Code of Civil Procedure, 1908

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018) LEGAL ISSUE: Whether an appellate court must provide an opportunity to the contesting party to rebut or explain additional evidence admitted under Order XLI Rule 27 of the Code of […]

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018) Read Post »

Supreme Court Orders Rehearing in Compensation Case Due to Lack of Opportunity to be Heard: Mohd. Anwar vs. Oriental Insurance Company Ltd. (2018)

/ Abhay Manohar Sapre, Employees Compensation Act, 1923, Employees Compensation Act, 1923 with Section 3, Judges, Principles of Natural Justice, R.K. Agrawal, Territorial Jurisdiction

Supreme Court Orders Rehearing in Compensation Case Due to Lack of Opportunity to be Heard: Mohd. Anwar vs. Oriental Insurance Company Ltd. (2018) LEGAL ISSUE: Whether a High Court can set aside an order of the Employees’ Compensation Commissioner without providing the affected party an opportunity to be heard. CASE TYPE: Employees’ Compensation Law Case

Supreme Court Orders Rehearing in Compensation Case Due to Lack of Opportunity to be Heard: Mohd. Anwar vs. Oriental Insurance Company Ltd. (2018) Read Post »

Supreme Court Remands Consumer Case Due to Lack of Notice: Mangalam Homes & Resorts Pvt. Ltd. vs. Joy Kaliyavumkal (2018)

/ Civil Procedure, Consumer Dispute Redressal, Consumer Protection Act, Deepak Gupta, Judges, Madan B. Lokur, National Consumer Disputes Redressal Commission, Notice Requirements, Procedural Fairness, Right to be Heard

Supreme Court Remands Consumer Case Due to Lack of Notice: Mangalam Homes & Resorts Pvt. Ltd. vs. Joy Kaliyavumkal (2018) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) can proceed ex-parte without ensuring proper notice to the parties. CASE TYPE: Consumer Dispute Case Name: M/s Mangalam Homes & Resorts Pvt. Ltd. & Ors.

Supreme Court Remands Consumer Case Due to Lack of Notice: Mangalam Homes & Resorts Pvt. Ltd. vs. Joy Kaliyavumkal (2018) Read Post »

Supreme Court Clarifies Procedure for Imposing Major Penalties in Bank Service Rules: State Bank of India vs. B.R. Saini (2017)

/ Constitutional Law, Constitutional Law with Article 311(2), Disciplinary Proceedings, Judges, L. Nageswara Rao, Principles of Natural Justice, Rule 68(3), State Bank of India Officers Service Rules, S.A. Bobde, Service Law, State Bank of India Officers Service Rules

LEGAL ISSUE: Whether a second show-cause notice is required before imposing a major penalty on a bank employee after the disciplinary authority has already provided the inquiry report and an opportunity to respond. CASE TYPE: Service Law Case Name: State Bank of India & Ors. vs. B.R. Saini Judgment Date: 15 December 2017 Date of

Supreme Court Clarifies Procedure for Imposing Major Penalties in Bank Service Rules: State Bank of India vs. B.R. Saini (2017) Read Post »

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017)

/ Constitutional Law, Contract Law, Contract Law with Allotment Agreement, Judges, Kurian Joseph, Principles of Natural Justice, R. Banumathi

Can a High Court order the auction of personal properties of partners in a developer firm to recover dues for a housing project? The Supreme Court of India addressed this question in a recent case, concerning a dispute over infrastructure development in a residential colony. The Supreme Court set aside the High Court’s order, which

Supreme Court sets aside High Court order on personal property auction in housing dispute: Vinod Goyal vs. Vishranti City Residents Welfare Society (2017) INSC 1019 (29 November 2017) Read Post »

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017)

/ Arun Mishra, Disciplinary Proceedings, Judges, L. Nageswara Rao, Principles of Natural Justice, Principles of Natural Justice with Prejudice, Right to Fair Hearing, Service Law, Service Law with Dismissal

Can a disciplinary action be overturned simply because the inquiry report was given with the show cause notice instead of before? The Supreme Court of India recently tackled this question in a case involving a transport corporation driver. The core issue was whether the disciplinary proceedings were flawed due to the timing of the inquiry

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017) Read Post »

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017)

/ A.M. Khanwilkar, Administrative Law, Amitava Roy, Dipak Misra, Establishment of Medical College Regulations, 1999, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Judges, Principles of Natural Justice, Procedural Fairness

LEGAL ISSUE: Whether the Central Government’s decision to debar a medical college from admitting students was justified. CASE TYPE: Medical Education Law Case Name: Krishna Mohan Medical College and Hospital & Anr. vs. Union of India and Another [Judgment Date]: 1 September 2017 Introduction Can a medical college be debarred from admitting students without a

Supreme Court Upholds Conditional Permission for Krishna Mohan Medical College: Krishna Mohan Medical College vs. Union of India (2017) Read Post »

Supreme Court quashes cancellation of Intermediate results: Kuldeep Kumar Pathak vs. State of U.P. (2016)

/ A.K. Sikri, Constitutional Law, Educational Law, Judges, Principles of Natural Justice, Rohinton Fali Nariman, Supplementary Regulations of 1976, U.P. Intermediate Education Act, 1921

Can an educational board cancel a student’s exam results nine years after they were declared, without giving the student a chance to be heard? The Supreme Court of India addressed this question in a recent case. This case revolves around the cancellation of an Intermediate examination result of an appellant by the U.P. Board, nine

Supreme Court quashes cancellation of Intermediate results: Kuldeep Kumar Pathak vs. State of U.P. (2016) Read Post »

Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013)

/ B.S. Chauhan, Disciplinary Proceedings, Judges, Natural Justice, S.A. Bobde, Service Law, Service Law with Punjab National Bank Officers/Employees (Discipline and Appeal) Regulations 1977

Date of the Judgment: 4 July 2013 Citation: (2013) INSC 451 Judges: Dr. B.S. Chauhan and S.A. Bobde, JJ. Can a disciplinary authority impose punishment by disagreeing with the findings of the Enquiry Officer without giving the delinquent employee a chance to respond? The Supreme Court of India addressed this critical question in a service

Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013) Read Post »

Supreme Court Quashes Removal Order for Lack of Documents: State of U.P. vs. Saroj Kumar Sinha (2010)

/ Constitutional Law, Constitutional Law with Article 311(2), Disciplinary Proceedings, Judges, Natural Justice, Service Law, Surinder Singh Nijjar, U.P. Government Servant (Discipline & Appeal) Rules, 1999, U.P. Government Servant (Discipline & Appeal) Rules, 1999 with Rule 7, V.S. Sirpurkar

LEGAL ISSUE: Whether a disciplinary inquiry is valid if the charged employee is not provided with the necessary documents relied upon in the charge sheet. CASE TYPE: Service Law Case Name: State of U.P. & Ors. vs. Saroj Kumar Sinha [Judgment Date]: 2nd February 2010 Date of the Judgment: 2nd February 2010 Citation: (2010) INSC

Supreme Court Quashes Removal Order for Lack of Documents: State of U.P. vs. Saroj Kumar Sinha (2010) Read Post »

Supreme Court Orders Allotment of Housing Board House After Unjustified Exclusion: Umesh Pandey vs. Bihar State Housing Board (2009)

/ Administrative Law, B.N. Agrawal, Fairness, G.S. Singhvi, Judges, Natural Justice

Can a housing board deny allotment of a house based on a minor defect in an affidavit without giving an opportunity to rectify it? The Supreme Court of India addressed this question in a case where an applicant was excluded from a housing lottery due to an alleged defect in the submitted affidavit. The Court

Supreme Court Orders Allotment of Housing Board House After Unjustified Exclusion: Umesh Pandey vs. Bihar State Housing Board (2009) Read Post »

Supreme Court sets aside High Court order for violating natural justice in a property dispute case: Prabha Mathur & Anr. vs. Pramod Aggarwal & Ors. (26 September 2008)

/ Allahabad High Court Rules, 1952, C.K. Thakker, Civil Procedure, D.K. Jain, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Natural Justice

Introduction Date of the Judgment: 26 September 2008 The Supreme Court of India addressed whether a High Court can set aside orders of lower courts without providing an opportunity for all parties to be heard. This issue arose from a property dispute where the High Court of Judicature at Allahabad reversed decisions made by lower

Supreme Court sets aside High Court order for violating natural justice in a property dispute case: Prabha Mathur & Anr. vs. Pramod Aggarwal & Ors. (26 September 2008) Read Post »

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