Search Results for "principles of natural justice"

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Supreme Court Dismisses Appeal by Suspended Director in IL&FS Accounts Reopening Case — Recasting Permitted Under Section 130 Companies Act. Court holds that SFIO and ICAI reports provide sufficient basis for reopening accounts and that suspended director lacks locus standi.

The case pertains to an appeal filed by Hari Sankaran, a suspended director of Infrastructure Leasing & Financial Services Limited (IL&FS), against th...

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Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

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Supreme Court Allows Partial Re-Trial in Criminal Case for Violation of Section 273 CrPC — Accused Not Present During Examination of 12 Witnesses

The Supreme Court considered appeals against the High Court's order directing a partial re-trial in a murder case where 12 prosecution witnesses were ...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Supreme Court Allows Appeal of Punjab Urban Planning and Development Authority, Sets Aside Regularization of Daily Wager Obtained by Fraud. Fraudulent Entry into Service Vitiates the Entire Regularization Process, and Such an Employee Is Not Entitled to Protection Under Industrial Disputes Act, 1947.

The Supreme Court allowed the appeal filed by the Punjab Urban Planning and Development Authority (PUDA) against the judgment of the Punjab & Haryana ...

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Supreme Court Sets Aside NCLAT Order for Violation of Natural Justice in IBC Section 7 Proceedings. The Court held that failure to serve notice under Rule 48 of NCLAT Rules, 2016, vitiated the proceedings and remanded the matter for fresh hearing.

The appeal arose from an order of the National Company Law Appellate Tribunal (NCLAT) dated 08.02.2019, which set aside the order of the National Comp...