Tag: natural justice

High court

Kerala High Court Rules GST Notice via WhatsApp Invalid; Upholds Statutory Notice Requirements

In Mathai M.V. v. State GST, the Kerala High Court held that GST notices issued through WhatsApp are not legitimate under Section 169 of the CGST Act. The court emphasized that compliance with procedure and statutory means such as registered post or e-mail is to be followed for legal notice. It held that WhatsApp communication, which is allowed only as a pandemic exception, is against natural justice when used otherwise. The order of confiscation was therefore set aside, and fresh notice was directed.

byJigeesha Vaishnav
High court

Delhi High Court Backs Government in Celebi Case: National Security Overrides Natural Justice

In Celebi Airport Services v. Union of India, the Delhi High Court confirmed the government’s withdrawal of security clearance of Celebi on grounds of national security in spite of the allegation of procedural injustice on part of the company. The court concluded that national security reasons take precedence over a right to prior notice and hearing, in light of Supreme Court precedents. The ruling highlights restricted judicial review in sensitive cases and points to risks confronted by foreign firms engaged in strategic sectors in infrastructure.

byJigeesha Vaishnav
High court

Çelebi Plea Dismissed: Delhi High Court Prioritizes National Security Over Judicial Review

This paper will discuss the case of the Delhi High Court on national security over natural justice regarding the grant of security clearance in the aviation security in India. It outlines the recalling of Celebi clearances, the argument that appeals to the concept of procedural justice and the court pertaining to claims of both state security and opportunity of a fair hearing and rules in preference of national security in that particular case.

byLegal Maestros
High court

Orissa High Court Condemns Illegal Bulldozer Demolitions, Orders ₹10 Lakh Compensation for Affected Parties

The given article examines an important judgement of the Orissa High Court on the matter of the unlawful destruction of a communal building, and points to how the court admonished the disregard of procedure and an abuse of authority by the executive particularly closely. Cruciality of following guideline by Supreme Court on demolition, protection of constitutional right of people and getting confidence of people in governance has been stressed by the ruling. It is a grave cautioning that the action taken by the state can never be out of line with the postulates of natural justice and the rule of law.

byLegal Maestros
Supreme Court

Unpacking Bank Fraud Cases: A Judgment by Justices M.M. Sundresh and Rajesh Bindal

In this article the author analyzes a landmark Supreme Court of India case on the issue of quashing criminal proceedings emanating out of bank fraud. The Court explains the difference between the administrative activities of banks implemented in accordance with RBI Master Directions and a criminal inquiry, and the fact that the quashing of the former will not nullify a criminal proceeding as such. It emphasizes the inapplicability of natural justice during the process of filing FIR and remits cases to be remanded back to be decided afresh.

byLegal Maestros
Supreme Court

Dowry Harassment Cases: A Scrutiny of Allegations Against Husband’s Relatives by justice A. amanullah

In a classic case, the Supreme Court set aside criminal cases against distant relatives, who had been falsely dragged into a dowry harassment case. The ruling adds strength to the point that general and lackluster claims of criminality are not sufficient to allow trial that will weaken innocent family members against the frivolous use of the law.

byLegal Maestros
Supreme Court

Upholding Natural Justice in Disciplinary Proceedings By Justices Dipankar Datta and Justice Prashant K.Mishra

In this case, the Supreme Court struck down a penalty imposed on a senior retired Assistant Engineer, Ram Prakash Singh, under Rule 27 of Tripura Administrative Services Rules on procedural lapse and violation of due process, leaving it clear that departmental inquiry is subject to strict adherence to due process which entails production of evidence, timely conclusions and fair hearing opportunities.

byLegal Maestros
Supreme Court

Justice B.V. Nagarathna in Sachin v. State of Maharashtra: No Harsher Sentence in Own Appeal

It was decided by the Supreme Court in the case Sachin v. State of Maharashtra that an accused person cannot be made worse off for appealing a conviction that they have already been found guilty of. Increasing the severity of punishment in such appeals is a violation of both procedural fairness and natural justice, particularly when the state does not oppose the decision.

byLegal Maestros