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2015 Supreme(Cal) 665

HARISH TANDON
Toorsa Cold Storage Pvt. Ltd. – Appellant
Versus
State Bank of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Nimesh Mishra and Mr. Gourav Singh, Advocates.
For the Opposite Party :Mr. S.P. Srivastava, N.P. Gupta and Hemant Sharma, Advocates.

JUDGMENT :

Harish Tandon, J.

“Fairness is what justice really is” are the words of Potter Stewart acclaimed legal recognition as a part of natural justice. The concept of natural justice cannot be confined to any precise definition. The natural justice is fair play in action in its soul and spirit. The quintessence of the process of justice is inspired and guided by fair play in action and as a distillate of due process of law. In the words of Justice R.S. Sarkaria speaking for the majority in case of Swadesi Cotton Mills v. Union of India reported in AIR 1981 Supreme Court 818, the expression “natural justice” is not static nor can be squeezed to a precise definition but considered as a part of natural law relating to the administration of justice. It would be profitable to quote the relevant excerpts from the said report, which runs thus:-

“Well then, what is “natural justice”? The phrase is not capable of a static and precise definition. It cannot be imprisoned in the straight-jacket of a cast-iron formula. Historically, “natural justice” has been used in a way “which implies the existence of moral principles of self-evident and unarguable truth”, “Natural Justice” by Paul Jackson,






















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