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Canara Bank And Ors vs Shri Debasis Das And Ors on 12 March, 2003

43. The Apex Court in Canara Bank versus Debasis Das and others (supra), has succinctly synopsized the principles of natural justice to be rules laid down by the Courts as being the minimum protection of rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi judicial and administrative authority while making an order affecting those rights, the essence thereof being to put a party on notice of the case before any adverse order is passed against him.
Supreme Court of India Cites 9 - Cited by 494 - A Pasayat - Full Document

Shankar K. Mandal & Ors vs State Of Bihar & Ors on 17 April, 2003

Indeed the Apex Court in Shankar K. Mandal and others (supra), in reiteration of its view earlier expressed in State of Maharastra versus Ramdas, Srinivas Nayak and another (supra), had ruled that statements of facts as to what transpired at the hearing and recorded in the judgment of a Court are conclusive of the facts so stated and no one can contradict the same by affidavit or other evidence and if a party considers that the happenings in Court had been wrongly recorded, it is incumbent on him, while the matter is still fresh in the minds of the judges to call their attention thereto.
Supreme Court of India Cites 2 - Cited by 154 - A Pasayat - Full Document

Krishan Yadav vs State Of Haryana (Mohan J.) on 12 May, 1994

10. The learned Single Judge has broadly discussed the argument advanced by the learned Counsel for the parties with the help of the decisions of the Apex Court and the same can be found in paragraphs 11 to 14 of the impugned judgment and the same need not be repeated here again. The learned Single Judge on the basis of the pleadings and the argument advanced by the learned Counsel for the parties and having regard to the facts and circumstances involved in the case about which detailed discussions have been made in paragraph 15 and 16 of the impugned judgment, has held that it would be incorrect to refuse adjudication of the merits of the dispute raised by the petitioners. After holding so, the learned Single Judge proceeded with the matter with the scrutiny of the records with the assistance of three judicial officers. During the course of prolonged hearing of the cases, the officials responsible for the selection in different centers were also present to ensure orderly and systematic presentation of the records before the Court, which were called for and kept in safe custody of the Registry. Placing reliance on the two decisions of the Apex Court (Krishnan Yadav v. State of Haryana) and the one (The Bihar School Examination Board v. Subhash Ch. Sinha), learned Single Judge scrutinized the records at random taking into account the cases of both selected and unselected candidates. Such a methodology was adopted, having regard to the fact that large number of candidates (about two lakhs) were involved in the selection.
Supreme Court of India Cites 1 - Cited by 112 - S Mohan - Full Document

Ashok Kumar Yadav And Ors. Etc. Etc vs State Of Haryana And Ors. Etc. Etc on 10 May, 1985

In Ashok Kumar Yadav v. State of State of Haryana , it was held that when there is a composite test consisting of a written examination followed by a viva voce test, the number of candidates to be called for interview on the basis of the marks obtained in the written examination, should not exceed twice or at the highest, thrice the number of vacancies to be filled. If a viva voce test is to be carried out in a thorough and scientific manner as it must be in order to arrive at a fair and satisfactory evaluation of the personality of the candidates, the interview must take anything between 10 to 30 minutes. In the circumstances, it was held that it would be impossible to carry out a satisfactory viva voce test, if a large unmanageable number of candidates are to be interviewed. It was pointed out that in such circumstances, the interviews would then tend to be casual, superficial and sloppy and the assessment made at such interviews would not correctly reflect the true measure of the personality of the candidates. It was also pointed out that such a course would widen the area of arbitrariness, for even a candidate who is very much lower down in the list on the basis of marks obtained in the written examination, can come within the range of selection, if he is awarded unduly high marks at the viva voce examination.
Supreme Court of India Cites 11 - Cited by 998 - P N Bhagwati - Full Document

Sardara Singh And Ors. Etc vs State Of Punjab And Ors on 17 September, 1991

61. In the aforesaid case total number of candidates involved was 821 and the time spent for interviewing them was found to be 35 hours in total @ 7 hours per day in 5 days. Thus, on an average 175 candidates were interviewed per day. Thus the bench mark of 250 candidates per day fixed by the learned Single Judge cannot be said to be without any basis, more particularly, when unlike the Patowaris involved in the said case, the case in hand concerns the selection of constables forming the backbone of the entire police system with the necessary involvement of public-police cordial and friendly relationship with the role of the police constable towards inspiring confidence in general public. To judge their mental faculties, keeping in mind these aspects of the matter and also having regard to the fact that 50% of the total selection marks was for this interview segment, we are of the considered opinion that anything beyond 250 and at best beyond 300 candidates, if interviewed per day after completing the other segments of the selection i.e. the physical test, which was also only after being successful in physical standards fixed and in the elimination race with other formalities incidental thereto, would be unrealistic. In such a situation, the interviews would then be casual, superficial and sloppy and the assessment made at such interviews would not correctly reflect the true measures of the personality of the candidates. Even if we accept the norms of 3 minutes per candidate, as was accepted in Sardara Singh (supra), although we feel that in the instant case, nothing less than 5 minutes per candidate is likely to be unrealistic, considering the job and marks involved, then also to interview 300 candidates per day will consume 15 hours excluding the tea breaks, lunch breaks, intervals between appearance of two candidates etc.
Supreme Court of India Cites 2 - Cited by 33 - K Ramaswamy - Full Document

M/S. Assam Company Ltd. & Anr vs State Of Assam & Ors on 21 March, 2001

49. Before parting with this aspect of the impugnment, we feel impelled to record our disapproval of the unpropitious disposition and comments of the learned Sr. Counsel for the appellants in WA 23/2006 (Shri Kanak kalita and another v. State of Assam and ors) sharply criticizing the learned Single Judge of having violated the fundamental essentials of judicial procedure in conducting the writ proceedings. The imputations exceeded all reasonable limits of restraint and in the circumstances were wholly unfounded as well as uncalled for in deciding the issues raised. We refrain from commenting further except that the verbal onslaught had not been in good taste and was not expected of a learned Senior Counsel at the Bar.
Supreme Court of India Cites 11 - Cited by 26 - Full Document

Bihar School Examination Board vs Subhas Chandra Sinha, & Ors on 10 March, 1970

10. The learned Single Judge has broadly discussed the argument advanced by the learned Counsel for the parties with the help of the decisions of the Apex Court and the same can be found in paragraphs 11 to 14 of the impugned judgment and the same need not be repeated here again. The learned Single Judge on the basis of the pleadings and the argument advanced by the learned Counsel for the parties and having regard to the facts and circumstances involved in the case about which detailed discussions have been made in paragraph 15 and 16 of the impugned judgment, has held that it would be incorrect to refuse adjudication of the merits of the dispute raised by the petitioners. After holding so, the learned Single Judge proceeded with the matter with the scrutiny of the records with the assistance of three judicial officers. During the course of prolonged hearing of the cases, the officials responsible for the selection in different centers were also present to ensure orderly and systematic presentation of the records before the Court, which were called for and kept in safe custody of the Registry. Placing reliance on the two decisions of the Apex Court (Krishnan Yadav v. State of Haryana) and the one (The Bihar School Examination Board v. Subhash Ch. Sinha), learned Single Judge scrutinized the records at random taking into account the cases of both selected and unselected candidates. Such a methodology was adopted, having regard to the fact that large number of candidates (about two lakhs) were involved in the selection.
Supreme Court of India Cites 5 - Cited by 216 - M Hidayatullah - Full Document
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