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Province Of Bombay vs Kusaldas S. Advani And Others on 15 September, 1950

"20. The question for our consideration now is whether the orders imposing a cut in the pension should be set aside for the reason that the officers were not given reasonable oportunity to show cause. The law on the point is not in doubt. Where a body or authority is judicial or where it has to determine a matter involving rights judicially because of express or implied provision, the principle of natural justice audi alteram partem applies. See: Province of Bombay v. Kusaldas S. Advani, 1950 SCR 621 at p. 725 = (AIR 1950 SC 222) and Board of Higher School & Intermediate Education, U.P. Allahabad v. Ghanshyam Das Gupta, 1962 Supp (3) SCR 36 (AIR 1962 SC 1110). With the proliferation of administrative decisions in the welfare State it is now further recognized by Courts both in England and in this country, (especially after the decision of House of Lords in 1964 AC 40) that where a body or authority is characteristically administrative the principle of natural justice is also liable to be invoked if the decision of that body or authority affects individual rights 10 WA.875.2020 or interests and having regard to the particular situation it would be unfair for the body or authority not to have allowed a reasonable opportunity to be heard.
Supreme Court of India Cites 65 - Cited by 329 - H J Kania - Full Document

Kanwar Natwar Singh vs Directorate Of Enforcement & Anr on 5 October, 2010

In other two judgments Natwar Singh (supra) & N.S. Gnaneswarab (supra), the principle laid down is that the all important factor of prejudice is necessary to be established to successfully raise the ground of violation of principle of natural justice (audi alterm partem). These verdicts further do not assist the State since this Court has already held supra that withholding/withdrawing of pension, partly or fully, permanently or temporarily causes serious adverse consequences to a pensioner.
Supreme Court of India Cites 32 - Cited by 48 - B S Reddy - Full Document

Board Of High School & Intermediate ... vs Ghanshyam Das Gupta And Others on 6 February, 1962

"20. The question for our consideration now is whether the orders imposing a cut in the pension should be set aside for the reason that the officers were not given reasonable oportunity to show cause. The law on the point is not in doubt. Where a body or authority is judicial or where it has to determine a matter involving rights judicially because of express or implied provision, the principle of natural justice audi alteram partem applies. See: Province of Bombay v. Kusaldas S. Advani, 1950 SCR 621 at p. 725 = (AIR 1950 SC 222) and Board of Higher School & Intermediate Education, U.P. Allahabad v. Ghanshyam Das Gupta, 1962 Supp (3) SCR 36 (AIR 1962 SC 1110). With the proliferation of administrative decisions in the welfare State it is now further recognized by Courts both in England and in this country, (especially after the decision of House of Lords in 1964 AC 40) that where a body or authority is characteristically administrative the principle of natural justice is also liable to be invoked if the decision of that body or authority affects individual rights 10 WA.875.2020 or interests and having regard to the particular situation it would be unfair for the body or authority not to have allowed a reasonable opportunity to be heard.
Supreme Court of India Cites 6 - Cited by 198 - K N Wanchoo - Full Document
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