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1 - 8 of 8 (0.37 seconds)Section 7 in The Prevention of Corruption Act, 1988 [Entire Act]
State Of Punjab vs K. R. Erry & Sobhag Rai Mehta(With ... on 21 September, 1973
In State of Punjab Vs. K.R. Erry and Sobhag Rai Mehta & other
connected matter AIR 1973 SC 834, their Lordships of the Supreme Court have
held as under:-
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.
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.
State Of Orissa vs Dr. (Miss) Binapani Dei & Ors on 7 February, 1967
See
State of Orissa v. Dr. (Miss) Binapani Dei, (1967) 2 SCR 625 = (AIR 1967 SC 1269)
and In re H.K. (An Infant), (1967 2 1 AIR 1973 SC 834 5 QBD 617."
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.
K.C. Sareen vs C.B.I., Chandigarh on 2 August, 2001
13. The decision of Apex Court in the case of K.C. Sareen (supra) lays down
11 WA.875.2020
that in offences involving moral turpitude especially offences under the Prevention
of Corruption Act, even if sentence is suspended, the conviction ought not to be
suspended since it is against the principle of probity.
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