Explained| Supreme Court’s judgment on classifying borrower’s accounts ‘fraudulent’ by Lender Banks vis-a-vis Audi Alteram Partem
‘Audi alteram partem application cannot be impliedly excluded under the Master Directions on Frauds.’
Audi Alteram Partem
Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court
The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.
Judicial Process in Maharashtra Assembly Defection Case
by Vijay K. Tyagi†
SCC Snippets| Exclusion of Audi Alteram Partem rule at the stage of investigation
In Union of India v. W.N. Chadha,1993 Supp (4) SCC 260, the bench of S. Ratnavel Pandian and K. Jayachandra Reddy, JJ explained the exclusion of the application of the principle of audi alteram partem in relation to an accused at the stage of investigation.
Cal HC | Detention order quashed due to lack of opportunity of hearing in the matter of S. 129 of the West Bengal Goods and Service Tax Act, 2017
Calcutta High Court: Md. Nizamuddin, J. disposed of a petition which was filed challenging the impugned order passed by the Deputy Commissioner
Guj HC | Opportunity of being heard needs to be granted; Court decided in matter of the Will of Guru Ranchhoddas
Gujarat High Court: A.P. Thaker, J. decided over a petition wherein the case of the petitioner was that the properties in question
[Audi alteram partem] Utt HC | Order passed without giving an opportunity to be heard gross violation of natural justice; Court quashes order passed by Registrar
Uttaranchal High Court: Manoj Kumar Tiwari, J., allowed petitions which were filed having the common question of law and facts thus were
[Audi Alteram Partem] Raj HC | Whether complainant’s revision against dismissal of his complaint, can be decided without giving an opportunity of hearing to the accused petitioner? Court explains
Rajasthan High Court: Sanjeev Prakash Sharma, J., disposed of a petition which was filed against the order passed by the Additional Session
Utt HC | Audi alteram partem is the soul of principle of natural justice; Court issues directions
Uttaranchal High Court: The Division Bench of Narayan Singh Dhanik and Ramesh Chandra Khulbe, JJ., disposed of a writ petition while giving
Ker HC | [Audi Alteram Partem] Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law
Kerala High Court: B. Sudheendra Kumar J., allowing the present petition, held, “power conferred on the Drug Disposal Committee is not an
All HC | Fundamental principle of natural justice audi alteram partem cannot be violated; Court issues directions
Allahabad High Court: The Division Judge Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., disposed off a writ petition
Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates
Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:
Del HC | Scheme of Ss. 164(2) and 167(1)(a) of Companies Act explained in respect to disqualification of directors on default of filing returns
Delhi High Court: Vibhu Bakhru, J. while addressing the petitions filed in respect to the impugned list of directors stated to have
Kar HC | Non cross-examination of material witnesses is against the principles of audi alteram partem
Karnataka High Court: B.A. Patil, J. while allowing the appeal set aside the Judgment of the trial court with a direction to
Order punishing government employee quashed in light of disciplinary authority’s violation of principle of audi alteram partem
Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. quashed an office order issued against a delinquent employee
A party cannot be condemned unheard
Himachal Pradesh High Court: A Division Bench comprising of Sanjay Karol, acting CJ. and Ajay Mohan Goel, J., decided a letters patent
Delhi High Court emphasizes on the importance of Audi Alterem Partem
Delhi High Court: A Single Judge Bench of the Delhi High Court emphasized on the importance of Natural Justice. The Court expunged