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Checking relevance for DHARAMPAL SATYAPAL LTD. VS DEPUTY COMMISSIONER OF CENTRAL EXCISE, GAUHATI...
2015 0 Supreme(SC) 437 : When a termination (e.g., withdrawal of a tax concession) is effected without observing the principles of natural justice—such as issuing a show‑cause notice—the resulting order can be vitiated. However, non‑compliance does not automatically nullify the order; the court will examine whether the aggrieved party suffered any real prejudice. In the cited case, the Supreme Court held that a show‑cause notice was required before a recovery order could be passed, but later applied the ‘useless formality’ theory, concluding that while the notice requirement was a procedural defect, it did not invalidate the recovery of the concession already enjoyed. Thus, termination without natural‑justice compliance may be set aside if prejudice is shown, but may still be upheld where the procedural breach is deemed a mere formality.Checking relevance for Aureliano Fernandes VS State of Goa...
2023 4 Supreme 297 : A termination (or dismissal) that is effected without observing the principles of natural justice is deemed arbitrary and violative of Article 14 of the Constitution. Such a decision can be invalidated, set aside, and struck down as it deprives the public servant of equal protection of law. The courts have held that denial of natural‑justice safeguards (audi alteram partem, unbiased hearing, reasonable procedure) renders the termination void and may lead to restoration of service or other remedial relief.Checking relevance for Madhyamam Broadcasting Limited VS Union of India...
2023 0 Supreme(SC) 304 : A termination (or revocation) of a licence that is carried out without complying with the principles of natural justice is held to be a violation of the right to a fair hearing under Article 21 (and Article 19) of the Constitution. Such a non‑reasoned order is deemed arbitrary, limits judicial review and can be set aside by the court as unconstitutional. The effect is that the termination is invalidated and the authority must provide a reasoned order respecting natural‑justice requirements.Checking relevance for Central Organisation for Railway Electrification VS ECI SPIC SMO MCML (JV) A Joint Venture Company...
Checking relevance for Ashwani Kumar VS State Of Bihar...
1995 0 Supreme(SC) 1157 : A termination that is carried out without observing the principles of natural justice (e.g., audi alteram partem) is vulnerable to judicial review and can be declared invalid or set aside. Courts may invalidate the termination and, where appropriate, cure the illegality by granting a post‑decisional opportunity to be heard.Checking relevance for Ashwani Kumar VS State of Bihar...
1995 0 Supreme(SC) 1509 : The excerpt indicates that termination orders that breach the principles of natural justice may be declared invalid by the courts. Such violations can lead to the termination being set aside, with the possibility of reinstatement or other remedial relief, and post‑decisional opportunity may be used to cure the illegality.
