Search Results for "natural justice"

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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

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Land Acquisition – Violation of Natural Justice – High Court’s Duty to Grant Opportunity

Delay and Procedural Irregularities – The Supreme Court set aside the High Court’s decision due to a violation of the principles of natural justic...

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Executionary Powers of District Magistrate Under Maharashtra Cooperative Societies Act, 1960 — No Obligation for Independent Inquiry or Borrower's Hearing.

The Court held that: (a) The Special Recovery Officer was duly notified via the gazette notification. (b) The District Magistrate’s function under R...

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Right of workman to engage an advocate as a defence representative in domestic enquiry — Industrial Court’s interim order allowing appointment of an advocate set aside — Absence of legally trained mind on the employer’s side — Principles of natural justice upheld.

The Bombay High Court set aside the Industrial Court’s order, holding that mere experience in handling domestic enquiries does not constitute a lega...

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Supreme Court Quashes High Court’s Overreach: Acquittal Restored, Compensation Granted. Judicial Overreach in Revisional Jurisdiction Results in Unlawful Conviction—Supreme Court Reaffirms Limits on High Court Powers and Ensures Justice for the Wrongfully Convicted.

Acts and Sections Discussed: Indian Penal Code, 1860 (IPC) – Section 302 (Murder) Code of Criminal Procedure, 1973 (CrPC) – Sections 401...

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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...

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Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

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High standards of honesty and proportionality in disciplinary actions reaffirmed by the Supreme Court.

  Principles of Natural Justice: Breach of natural justice alone is insufficient for setting aside disciplinary action if the misconduct is proven...

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Supreme Court Nullifies Disciplinary Penalty Against Retired Medical Officer. “Vindication for the appellant as disciplinary actions declared arbitrary, with justice triumphing over executive misconduct.”

The Supreme Court of India, examined the legality of disciplinary proceedings initiated against a retiring Senior Medical Officer for alleged mis...