Natural Justice
1 Legal Principle - Natural Justice - The Principles of natural justice are fundamental in the constitutional set up of India:
2 Legal Principle - Natural Justice - Integral part of Article 14 of the Constitution of India:
3 Legal Principle - Natural Justice - Nature and Scope – Attributes:
4 Legal Principle - If there is power to decide and determine to the prejudice of a person, duty to act judicially is implicit – the Order may be a nullity if the essentials of Justice are ignored:
5 Legal Principle - Judicial Bias - Test of - not whether Judge is actually biased - but whether circumstances are such as to create reasonable apprehension of likelihood of bias affecting the decision:
6 Legal Principle - Judicial Bias - A Judge who hears and decides a matter while sitting singly should not participate in any manner whatsoever in the appeal from his order:
7 Legal Principle - Judicial Bias - Assessment of Liability - damages, and Adjudication of the same, cannot be by the same person:
8 Legal Principle - Constitution of Inquiry Committee - Allegation of Bias against one of the Member of the Committee - prejudicial to fair hearing - Breach of principles of natural justice:
9 Legal Principle - Natural Justice - Doctrine of Useless Formality:
10 Legal Principle - Authorities seeking extension of time for Investigation resulting in deprivation of right of restoration of goods - Notice should be given before extending time:
11 Legal Principle – Hearing once given must be genuine and not formal or empty public relation exercise - there must not be lip service to this rule or an audience which tantamount to nothing:
12 Legal Principle - Natural Justice - Hearing the parties, application of mind and recording of reasoned decision are the basic elements of natural justice:
13 Legal Principle - Natural Justice - Recording of Reasons - The parties should be convinced that their case has been properly considered and decided:
14 Legal Principle - Natural Justice - Order passed without Hearing - If resulting in frustration of Constitutionally guaranteed Right - Order is a Nullity:
15 Legal Principle - Natural Justice - Test of Real Prejudice - If no fair hearing or no adequate hearing – then, it has to be examined whether defect has resulted in prejudice and failure of justice:
16 Legal Principle - Natural Justice – in Cases of demolition of alleged unauthorized / illegal constructions:
17 Legal Principle - Interference of Writ Courts in the alleged breach of principles of natural justice:
18 Legal principle - Decisions of Courts - Tribunals - Quasi Judicial Authorities – principles of natural justice cannot be extended to hyper technical or mischievous imaginations:
19 Legal Principle - Preparation of Annual Confidential Report of Civil Servant - Failure to Communicate even “Good - Entry” to concerned Civil Servant - Arbitrary - Article 14 Violated:
20 Legal Principle - Principles of natural justice are not intended to operate as roadblock to statutory inquiries – its requirement depend on circumstances, nature of inquiry, the rules, and so on:
21 Legal Principle - Supply of goods – allegedly contaminated – tested in Lab without affording any opportunity to the supplier – dealership cancelled on the basis of Lab Report – Held Improper:
22 Legal Principle - Natural Justice – failure to comply with – Order may be declared as Non est in Law – May amount to Jurisdictional Error:
23 Legal Principle - Natural Justice - Recording of reasons is principle of natural justice and every judicial order must be supported by reasons recorded in writing:
24 Adherence to principles of natural justice may be given a go by, in cases where it is entirely futile to provide an opportunity.
25 Judicial bias: Making baseless allegation of bias against Judges and seeking transfer of case, may invite exemplary costs.
26 An Order, when passed by virtue of a Show Cause Notice, exceeding the consequences, contemplated under the subject Show Cause Notice, would amount to breach of principles of natural justice.
27 Reasonable time to respond to a Show Cause Notice is a facet of principles of natural justice.
28 Material that have been relied upon by the Authority at the time of adjudication; and also the material that have nexus to the action taken, must be disclosed to the concerned person.
29 Order passed without considering the documents placed on record constitute breach of principles of natural justice.
30 Useless formality theory may be resorted to only where an exceptional case is made out for the applicability of said theory.
31 Power to dismiss an employee cannot be in violation of prescribed rules and the decision to dispense with the enquiry should be backed by contemporaneous circumstances.
32 Principles of Natural Justice have to be followed in all cases where the proposed action would entail civil consequences.
33 Disregard to principles of natural justice by Authorities is an abuse of power, that may invite exemplary costs.
34 Personal Hearing have to be given although objections were not recorded through official portal.
35 Confidentiality and National security are legitimate aims for the purpose of limiting procedural guarantees, a blanket immunity from disclosure of all investigative reports cannot be granted.