AI Overview...
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Delay Condoned When Natural Justice Not Served - Courts have often condoned delays in filing appeals or applications when principles of natural justice are violated, emphasizing that denying such condonation could cause irreparable hardship to petitioners and that no prejudice would be caused to respondents if delay is condoned. For example, in one case, the court noted that interest of justice would be better served by condoning delay where natural justice principles were breached State of Kerala - Represented by The Chief Secretary VS Baburaj, S/O. Velappan Kutty Kalathil Veedu Muttikkulangara - Kerala.
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Principles of Natural Justice - Violations of natural justice, such as denial of fair hearing or omission to observe procedural fairness, are central to judicial scrutiny. Courts have held that natural justice cannot be rigidly formulaic but must be applied flexibly based on case circumstances State of Tripura VS Sanatan Talukdar - Gauhati, P. D. Agrawal VS State Bank of India - Supreme Court, MS SWAAD E PUNJAB VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal.
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Condonation of Delay and Natural Justice - Courts have applied Section 5 of the Limitation Act to condone delays when natural justice principles are violated, recognizing that such delays undermine fairness and justice C. D. Gopinath VS State of Tamil Nadu represented by its Secretary, Chennai & Others - Madras. Conversely, delays due to natural disasters or procedural lapses are sometimes not condoned if the principles of natural justice are not observed STATE OF J&K VS MOHAMMAD SHAFI DAR - Jammu and Kashmir.
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Violation of Natural Justice in Forest and Service Cases - Several cases highlight violations of natural justice in forest service and employment contexts, such as failure to provide a fair hearing or proper inquiry, leading courts to set aside decisions or direct reinstatement with back wages J. S. Jamwal VS Union Of India - Jammu and Kashmir, Divisional Manager, Plantation Division, Andaman And Nicobar Islands VS Munnu Barrick - Supreme Court, Divisional Manager, Plantation Division, Andaman & Nicobar Islands VS Munnu Barricks - Supreme Court.
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Analysis and Conclusion - The overarching principle is that delay in legal proceedings may be condoned when the violation of natural justice is established, as justice demands fairness over strict procedural timelines. Courts prioritize ensuring that affected parties receive a fair opportunity to be heard, and where this is absent, condoning delays and setting aside unlawful decisions uphold the principles of natural justice. This approach underscores the judiciary’s commitment to fairness, even if procedural lapses occur.
References: - State of Kerala - Represented by The Chief Secretary VS Baburaj, S/O. Velappan Kutty Kalathil Veedu Muttikkulangara - Kerala - C. D. Gopinath VS State of Tamil Nadu represented by its Secretary, Chennai & Others - Madras - State of Tripura VS Sanatan Talukdar - Gauhati - STATE OF J&K VS MOHAMMAD SHAFI DAR - Jammu and Kashmir - MS SWAAD E PUNJAB VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal - P. D. Agrawal VS State Bank of India - Supreme Court - Baldev Singh Attri VS State of H. P. - Himachal Pradesh - J. S. Jamwal VS Union Of India - Jammu and Kashmir - Divisional Manager, Plantation Division, Andaman And Nicobar Islands VS Munnu Barrick - Supreme Court - Divisional Manager, Plantation Division, Andaman & Nicobar Islands VS Munnu Barricks - Supreme Court
Search Results for "Delay Condoned when Principle of Natural Justce Not Served in Forest Case"
2021 0 Supreme(Ker) 677 • India - Kerala
ANIL K.NARENDRAN, M.R.ANITHA
, should not be condoned. ... Therefore, the interest of justice would be better served, if the appellants’ challenge to the order of the Tribunal – Hence delay ... condoned. ... In case delay is not condoned, the petitioner would be put to irreparable loss and hardship. On the other hand, no prejudice whatsoever would be caused to the Respondent if delay is condoned. In the inte....
2010 0 Supreme(Mad) 1278 • India - Madras
T.S.SIVAGNANAM
Issues: The issues included the rejection of the application based on delay, violation of principles of natural justice, and ... Ratio Decidendi: The court applied the principles of Section 5 of the Limitation Act to condone the delay and emphasized the ... Finding of the Court: The court found that the delay in submitting the application should be condoned and the matter ... keeping in mind the principles of #....
2010 0 Supreme(Gau) 511 • India - Gauhati
I.A.ANSARI, C.R.SARMA
of die principles of natural justice and not on merit. ... , to observe the principles of natural justice. ... ground of omission to observe the principles of natural justice. ... of natural justice had taken place. ... Thus, the principle of natural justice was violated. ... ii) As per AIS disciplinary rules, the views of the....
2018 0 Supreme(J&K) 315 • India - Jammu and Kashmir
ALOK ARADHE, M.K.HANJURA
certified copy of the judgment due to natural disaster. ... within the stipulated time cannot be condoned. ... Fact of the Case: The applicants sought to condone a delay of 04 years and 116 days in filing an appeal against a judgment ... ... 22.1 (a) An application for condonation of delay should be drafted with careful concern and not in a haphazard manner harboring the notion that the courts are required to condone delay on the....
2024 Supreme(Online)(NGT) 250 • India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
MR. JUSTICE PRAKASH SHRIVASTAVA, CJ, MR. JUSTICE SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, ACJ
, violating principles of natural justice. ... (Paras 1, 6, 12) ... ... (B) Principles of Natural Justice - The requirement ... ... ... Ratio Decidendi: The court emphasized that the principles of natural justice necessitate providing a hearing to the affected ... The above rule has been violated, and the due opportunity as contemplated has not been given to the Appellant herein, who has to face the consequence....
2006 5 Supreme 715 • India - Supreme Court
S.B.SINHA, P.P.NAOLEKAR
The Court applies the principles of natural justice having regard to the fact situation obtaining in each case. ... the witnesses and entered into the defence — Whether there is any violation of principles of natural justice — (No) ... p align= ... The Principles of natural justice cannot be put in a straight jacket formula. It must be seen in circumstantial flexibility. ... The facets of the principle#H....
2023 0 Supreme(HP) 48 • India - Himachal Pradesh
SATYEN VAIDYA
independent right to challenge actions of Society before NGT – Moreover NGT had neither delved upon issue that has arisen in present case ... not been substantiated on record – It has not been established that complaint filed before NGT was at instance of petitioner – There ... [Para 48] Finding of the Court: Another contention of respondents that petitioner is not bona-fide has also ... The appellant had categorically raised the ground of delay of over eight years in approaching the High Court for gran....
1985 0 Supreme(J&K) 49 • India - Jammu and Kashmir
K.K.GUPTA
INDIAN FOREST SERVICE - SELECTION - ADVERSE ACRs - COMMUNICATION - PRINCIPLES OF NATURAL JUSTICE - VIOLATION - SUPERSESSION - ... the ground that the selection was in violation of the principles of natural justice. ... The principles of natural justice and the provision of Articles 14 and 16 of the constitution of India were thus grossly violated ... Karaipak and a few other officers of the State Forest#H....
2005 1 Supreme 502 • India - Supreme Court
S.B.SINHA, N.S.HEGDE
- Labour Court held that in view of introduction of Section 11-A, there was glaring violation of natural justice, that is to say ... non-compliance with the mandate of Article 311(2) of the Constitution as no second show cause notice was served upon any of the workmen ... in filing appeal- Division Bench of the High Court refused to condone delay of 103 days in filing LPA- Review petition also dismissed ... The principle of natural justice. Audi Alte....
2004 0 Supreme(SC) 1616 • India - Supreme Court
N.S.HEGDE, S.B.SINHA
appeal—Even in a case of alleged violation of principle of natural justice, Court may insist upon proof of prejudice before setting ... served upon workmen with a second show cause and Court directed reinstatement in service with all back wages—High Court dismissed ... enquiry—Labour Court arrived a finding that order of removal passed against workmen was bad in law as copy of inquiry report was not ... The principle of natural justice#HL_E....
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