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Slk Buildcon Pvt. Ltd vs State Of Maharashtra And 8 Ors on 26 September, 2019

236. Thus broadly it is the petitioner's contention that there is a breach of principles of natural justice when copies of the said GBRs were not supplied to the petitioner and nonetheless referred by the ::: Uploaded on - 10/10/2019 ::: Downloaded on - 20/04/2020 00:13:11 ::: pvr 223 final New Janata.doc CEO SRA in his order. The petitioner has contended that the order of CEO SRA would stand vitiated being in breach of the principles of natural justice by referring to these GBRs, copies of which were placed on record subsequent to closing of hearing by CEO SRA. The petitioner contends that even if the AGRC has considered the petitioner's challenge on this issue, nonetheless the initial breach of the principles of natural justice cannot be cured even if the remedy to assail the order passed by the CEO SRA, was available to the petitioner before the AGRC. In short, the contention is that a fair appeal would not cure an unfair trial. This argument is strongly supported on behalf of the petitioner relying on the decision of the Supreme Court in Institute of Chartered Accountants of India Vs. L.K.Ratna & Ors. (supra).

New Janta Sra Chs Ltd.Secretary Of Ashok ... vs State Of Maharashtra Through, The High ... on 26 September, 2019

236. Thus broadly it is the petitioner's contention that there is a breach of principles of natural justice when copies of the said GBRs were not supplied to the petitioner and nonetheless referred by the ::: Uploaded on - 10/10/2019 ::: Downloaded on - 20/04/2020 00:12:56 ::: pvr 223 final New Janata.doc CEO SRA in his order. The petitioner has contended that the order of CEO SRA would stand vitiated being in breach of the principles of natural justice by referring to these GBRs, copies of which were placed on record subsequent to closing of hearing by CEO SRA. The petitioner contends that even if the AGRC has considered the petitioner's challenge on this issue, nonetheless the initial breach of the principles of natural justice cannot be cured even if the remedy to assail the order passed by the CEO SRA, was available to the petitioner before the AGRC. In short, the contention is that a fair appeal would not cure an unfair trial. This argument is strongly supported on behalf of the petitioner relying on the decision of the Supreme Court in Institute of Chartered Accountants of India Vs. L.K.Ratna & Ors. (supra).

Kalpesh Mehta vs Union Of India And Ors on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:05:01 ::: HVN 125 professional reputation can be immediate and far-reaching.

N Sampath Ganesh vs Union Of India And Anr on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:04:31 ::: HVN 125 professional reputation can be immediate and far-reaching.

Hari Sankaran vs Union Of India And Ors on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:05:20 ::: HVN 125 professional reputation can be immediate and far-reaching.

B S R And Associates Llp And Anr vs Union Of India And Anr on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:04:42 ::: HVN 125 professional reputation can be immediate and far-reaching.

Udayan Sen vs Union Of India And Ors on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:05:11 ::: HVN 125 professional reputation can be immediate and far-reaching.

Deloitte Haskins And Sells Llp vs Union Of India And Ors on 21 April, 2020

In Institute of Chartered Accountants Of India vs. L.K. Ratna & Others-- (1986) 4 SCC 537, in para 18, the Hon. Apex Court points out that another way of looking at the matter is examining the consequences of the initial order as soon as it is passed. Such an order may cause serious injury as soon as it is made, an injury not capable of being entirely erased when the error is corrected on subsequent appeal. It points out that the damage to CA's ::: Uploaded on - 21/04/2020 ::: Downloaded on - 22/04/2020 04:04:52 ::: HVN 125 professional reputation can be immediate and far-reaching.

Commissioner Of Income-Tax vs J.K. Industries Ltd. on 14 March, 2000

"The learned counsel, in support of his arguments that the defect is not curable has placed reliance on the decision of this court in Institute of Chartered Accountants of India v. L K. Ratna . It was, no doubt, laid down in this case that a post-decisional hearing cannot be an effective substitute of pre-decisional hearing and that if an opportunity of hearing is not given before a decision is taken at the initial stage, it would result in serious prejudice, inasmuch as if such an opportunity is provided at the appellate stage, the person is deprived of his right of appeal to another body."
Calcutta High Court Cites 16 - Cited by 0 - Full Document
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