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1 - 10 of 21 (0.25 seconds)Ajit Kumar Nag vs G.M.(P.J.)Indian Oil Corporation. ... on 19 September, 2005
We are, therefore, unable to uphold the contention of the
appellant that since he was acquitted by a criminal court, the impugned
order [Ajit Kumar Nag v. Indian Oil Corpn. Ltd., 2004 SCC OnLine Cal
59] dismissing him from service deserves to be quashed and set aside."
Director, Bcg Vaccine Laboratory, ... vs S. Pandian And Ors. on 24 April, 1996
That the employees were not
given due opportunity of defence by not providing them an Advocate once it
was found that the Union was not supporting them. That on account of
non-provision of an Advocate, Respondents were unable to cross-examine
the witnesses being merely Class-IV employees. That they were not paid
subsistence allowance or even medical facilities during pendency of the
enquiry. He would rely upon judgment of Apex Court in Director BCG
Vaccine Laboratory, Madras vs. S. Pandian & Ors. 1 Lastly Mr. Mohite
would submit that no prejudice is otherwise caused to the Petitioner-
employer on account of passing of impugned orders by the Industrial Court
as the Petitioner-employer would have an opportunity of justifying its
action by leading evidence before the Labour Court. He would accordingly
pray for dismissal of the Petitions.
Hindustan Petroleum Corporation Ltd. & ... vs Sarvesh Berry on 9 December, 2004
2004 SCC (L&S) 1011] , Hindustan Petroleum Corpn. Ltd. v. Sarvesh
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Berry [Hindustan Petroleum Corpn. Ltd. v. Sarvesh Berry, (2005) 10 SCC
471 : 2005 SCC (Cri) 1605] and Uttaranchal RTC v. Mansaram
Nainwal [Uttaranchal RTC v. Mansaram Nainwal, (2006) 6 SCC 366 :
State Bank Of Patiala & Ors vs S.K.Sharma on 27 March, 1996
We may also state that there is
yet another line of cases as in State Bank of Patiala v. S.K. Sharma [State
Bank of Patiala v. S.K. Sharma, (1996) 3 SCC 364] , Rajendra
Singh v. State of M.P. [Rajendra Singh v. State of M.P., (1996) 5 SCC 460]
that even in relation to statutory provisions requiring notice, a distinction
is to be made between cases where the provision is intended for individual
benefit and where a provision is intended to protect public interest. In the
former case, it can be waived while in the case of the latter, it cannot be
waived.
M.C. Mehta vs Union Of India And Ors on 27 July, 1999
(M.C. Mehta case [M.C. Mehta v. Union of India, (1999) 6 SCC 237] , SCC pp. 245-
47, paras 22-23)
"22. Before we go into the final aspects of this contention, we would like to
state that cases relating to breach of natural justice do also occur where all
facts are not admitted or are not all beyond dispute. In the context of those
cases there is a considerable case law and literature as to whether relief
can be refused even if the court thinks that the case of the applicant is not
one of "real substance" or that there is no substantial possibility of his
success or that the result will not be different, even if natural justice is
followed.
Lloyd Insulations (India) Limited vs Punj Lloyd Insulation Pvt. Ltd. on 12 May, 1999
Lord Woolf in Lloyd v. McMahon [Lloyd v. McMahon, 1987 AC 625 : (1987)
2 WLR 821 (HL)] (WLR at p. 862) has also not disfavoured refusal of
discretion in certain cases of breach of natural justice.
S. L. Kapoor vs Jagmohan & Ors on 18 September, 1980
23. We do not propose to express any opinion on the correctness or
otherwise of the "useless formality" theory and leave the matter for
decision in an appropriate case, inasmuch as, in the case before us,
"admitted and indisputable" facts show that grant of a writ will be in vain
as pointed [S.L. Kapoor v. Jagmohan, (1980) 4 SCC 379] out by Chinnappa
Reddy, J."
The State Of Uttar Pradesh vs Sudhir Kumar Singh on 16 October, 2020
In State of U.P. v. Sudhir Kumar Singh [State of U.P. v. Sudhir Kumar Singh,
(2021) 19 SCC 706 : 2020 SCC OnLine SC 847] referring to the aforesaid cases
and several other decisions of this Court, the law was crystallised as under : (SCC
para 42)
"42. An analysis of the aforesaid judgments thus reveals:
Union Of India & Ors vs Dalbir Singh & Anr on 8 May, 2009
26) The Apex Court in Union of India and others vs Dalbir
Singh5, has held in paras-24, 25 and 28 as under :