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2006 Supreme(SC) 577

H.K.SEMA, A.K.MATHUR
Crawford Bayley & Co. – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The doctrine that "no man can be a judge in his own cause" applies only when the individual has a personal interest, has already taken a decision, or has acted in the matter concerned. Simply being named as an authority or officer does not automatically invoke this doctrine (!) .

  2. The appointment of Estate Officers under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, is valid even if the officer has previously dealt with eviction matters, provided that the officer does not preside over the case in which they have a personal interest or have already made a decision supporting one side (!) .

  3. The power to appoint Estate Officers has been decentralized to the concerned administrative departments, and such appointments made by these departments are valid. The rules of Business, which are administrative in nature, support this decentralization and do not invalidate appointments made under it (!) (!) .

  4. The provisions of the relevant statutes, including the specific appointment procedures and the qualifications of officers, are consistent with constitutional principles, including Articles 14 and 254 of the Constitution, and are designed to ensure speedy and effective eviction processes (!) (!) .

  5. The validity of the statutory provisions, including the proviso that limits the appointment of Estate Officers to officers of statutory authorities controlling the premises, has been upheld. This proviso does not violate the constitutional principles as it does not amount to a "judge in his own cause" scenario, especially when the officer does not preside over cases where they have a personal interest (!) (!) (!) .

  6. The appointment of officers by the central government, even if initially made by a particular ministry, remains valid after subsequent decentralization and amendments, provided the proper procedures and notifications are followed (!) (!) .

  7. The presiding officers in the eviction proceedings, such as the Assistant General Manager of a bank, are not considered judges in their own cause when they act in accordance with the statutory framework and do not have a personal interest or prior involvement in the specific case (!) (!) .

  8. Overall, the courts have consistently upheld the constitutional validity of the statutory framework governing eviction proceedings and the appointment of Estate Officers, dismissing challenges based on alleged bias, procedural irregularities, or improper appointment procedures (!) (!) (!) (!) .

Please let me know if you need further elaboration or specific legal analysis on any of these points.


JUDGMENT

A.K. Mathur, J. — All these appeals & writ petitions raise similar question of law, therefore they are disposed off by this common order.

2. For the convenient disposal of these matter, the facts given in the Civil Appeal No. 171/2004 are taken into consideration.

This appeal is directed against an order passed by the Division Bench of the Bombay High Court in Writ Petition No. 3105/2002 on 25th April, 2003 whereby the High Court of Bombay dismissed the Writ Petition and held that in view of the certain proposition of law laid-down by the apex Court none of the argument raised by the party is sustainable and accordingly dismissed the writ petition.

3. The appellant No. 1 is a firm of Advocates and solicitors whereas appellant Nos. 2 & 3 are its partners. The appellants moved this writ petition before Bombay High Court under Article 226 of the Constitution of India for striking down the provisions of Section 3 of the Public Premises (Eviction of unauthorized occupants) Act, 1971 (hereinafter referred to as the said Act, 1971) on the ground that it is violative of Article 14 of the Constitution of India. They also sought an order for quashing of the termination of tenancy dat








































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