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THE CONSTITUTION OF INDIA ART. 14
“Legal malice” or “malice in law” means something done without lawful excuse, in discard to the rights of others. (Ravi Yashwant Bhoir v District Collector, Raigad, AIR 2012 SC 1339 : (2012)4 SCC 407).
It is trite that plea of mala fides has to be specific and demonstrable. Not only this, but the person against whom the mala fides are alleged must be made a party to the proceedings and given reasonable opportunity of hearing. (M/s. Medly Minerals India Limited v State of Orissa, AIR 2004 SC 4851 : (2004)12 SCC 390 : 2004 AIR SCW 5565).
Where at trial stage the presiding Judge had rescued himself from the case, dismissal of revision filed in the case by the same Judge, held was against the principles of natural justice. (Narinder Singh Arora v State (Government of NCT of Delhi), AIR 2012 SC 1642 : (2012)1 SCC 561).
In a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. (Ex. Armymen’s Protection Services Private Limited v Union of India, AIR 2014 SC 1376 : (2014)5 SCC 409).
Mere non-observance of the principles of natural justice would not vitiate an act unless prejudice is caused/proved. (Securities and Exchange Board of India v Akshya Infrastructure Private Limited, AIR 2014 SC 1963 : (2014)11 SCC 112 : 2014 AIR SCW 2643).
A person having interest in the subject matter of cause is precluded from acting as a Judge. (Justice P.D. Dinakaran v Hon’ble Judges Inquiry Committee, AIR 2011 SC 3711 : (2011)8 SCC 380).
Principles of natural justice - There is no inviolable rule that a personal hearing of the affected party must precede every decision of the State. (M/s. Patel Engineering Limited v Union of India, AIR 2012 SC 2342 : (2012)11 SCC 257).
Natural justice - Cross examination is integral part. (Ayaaubkhan Noorkhan Pathan v State of Maharashtra, AIR 2013 SC 58 : (2013)4 SCC 465).
Witnesses named in charge-sheet not produced for cross-examination. Held, principles of natural justice violated. (Rajiv Arora v Union of India, AIR 2009 SC 1100 : (2009)3 SCC (Cri.) 977).
Old petrol pump dealership terminated on next day of taking samples without notice/hearing the dealer. Violation of principles of natural justice. Termination set aside. (M/s. Allied Motors Limited v M/s. Bharat Petroleum Corporation Limited, AIR 2012 SC 709 : (2012)2 SCC 1).
When an order passed in violation of principles of natural justice is set aside, the fresh order can be passed after complying with the principles of natural justice. (Vipulbhai Mansingbhai Chaudhary v State of Gujarat, AIR 2017 SC 2340 : (2017)13 SCC 51).
Legitimate expectation arises from express promise. (Union of India v P.K. Choudhary, AIR 2016 SC 966 : (2016)4 SCC 236).
Legitimate expectation cannot prevail over policy decision. (Union of India v P.K. Choudhary, AIR 2016 SC 966 : (2016)4 SCC 236).
Restriction on the use of loudspeakers/public address system between 10 a.m. to 6 p.m. held reasonable. (Forum, Prevention of Environment and
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