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1 - 10 of 38 (0.59 seconds)Section 9 in Kerala Record of Rights Act, 1968 [Entire Act]
Kerala Record of Rights Act, 1968
State Of Orissa vs Dr. (Miss) Binapani Dei & Ors on 7 February, 1967
Apart from the requirement of the statutory provision, it is
well settled that principles of natural justice are applicable to
administrative orders having civil consequences. Civil
consequences cover infraction of not merely property or personal
rights but of civil liberties, material deprivations and non-
pecuniary damages. In its comprehensive connotation, everything
that affects a citizen in his civil life inflicts a civil consequence.
(State of Orissa v. Dr (Miss) Binapani Devi ; Mohinder Singh
Gill v. Chief Election Commissioner ; Union of India v. E.G.
Nambudiri ).The requirement of recording reasons by an
administrative authority entrusted with the task of passing an
order adversely affecting an individual, and communication thereof
to the affected person, is a recognised facet of the rules of natural
justice, and violation thereof has the effect of vitiating the order
passed by the authority concerned.
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
Apart from the requirement of the statutory provision, it is
well settled that principles of natural justice are applicable to
administrative orders having civil consequences. Civil
consequences cover infraction of not merely property or personal
rights but of civil liberties, material deprivations and non-
pecuniary damages. In its comprehensive connotation, everything
that affects a citizen in his civil life inflicts a civil consequence.
(State of Orissa v. Dr (Miss) Binapani Devi ; Mohinder Singh
Gill v. Chief Election Commissioner ; Union of India v. E.G.
Nambudiri ).The requirement of recording reasons by an
administrative authority entrusted with the task of passing an
order adversely affecting an individual, and communication thereof
to the affected person, is a recognised facet of the rules of natural
justice, and violation thereof has the effect of vitiating the order
passed by the authority concerned.
Union Of India & Ors vs E.G. Nambudiri on 23 April, 1991
Apart from the requirement of the statutory provision, it is
well settled that principles of natural justice are applicable to
administrative orders having civil consequences. Civil
consequences cover infraction of not merely property or personal
rights but of civil liberties, material deprivations and non-
pecuniary damages. In its comprehensive connotation, everything
that affects a citizen in his civil life inflicts a civil consequence.
(State of Orissa v. Dr (Miss) Binapani Devi ; Mohinder Singh
Gill v. Chief Election Commissioner ; Union of India v. E.G.
Nambudiri ).The requirement of recording reasons by an
administrative authority entrusted with the task of passing an
order adversely affecting an individual, and communication thereof
to the affected person, is a recognised facet of the rules of natural
justice, and violation thereof has the effect of vitiating the order
passed by the authority concerned.
G. Vallikumari vs Andhra Education Society & Ors on 2 February, 2010
(G. Vallikumari v. Andhra
Education Society ). It is incumbent upon administrative
authorities to pass a speaking and a reasoned order. Except in
cases where the requirement to record reasons is expressly or by
necessary implication dispensed with, an administrative authority
must record reasons for its decision.
S.N. Mukherjee vs Union Of India on 28 August, 1990
(Ravi Yashwant Bhoir3; S.N.
Mukherjee v. Union of India ). Reasons demonstrate how the
mind of the maker was activated and actuated, and their rational
nexus and synthesis with the facts considered and the conclusions
reached.
Commissioner Of Police And Ors vs Smt. C. Anita on 23 August, 2004
The contention that it is only on receipt of a police report,
can action be taken under Section 145 (1) Cr.P.C. is not tenable,
as the said provision enables the Executive Magistrate to arrive at
his satisfaction, of the existence of a dispute relating to land which
is likely to cause a breach of peace, either from the report of a
police officer or upon such other information. The words upon
such other information in Section 145(1) Cr.P.C. would enable the
Executive Magistrate to act on any information, that he may have
before him, and not merely on the basis of the report of a police
officer. Such information may afford the basis for a sufficiently
strong suspicion to take action, and need not satisfy the test of
legal proof. (Commr. of Police v. C. Anita ). It would suffice if
there is some information on record before the Executive
Magistrate, which can be said to form a reasonable basis for his
satisfaction that there exists a dispute with respect to the land,
which is likely to cause breach of peace. As long as there is some
information on record in this regard, it is wholly unnecessary for
the Executive Magistrate to await a police report before passing the
order under Section 145 (1) Cr.P.C. In any event, the records
placed before us, for our perusal, show that the order passed by
the Tahsildar on 17.10.2017 is also based on the report of the
Inspector of Police, Bommuru P.S., dated 6.7.2017.
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
Rules of natural justice are not statutory rules. They are not
cast in a rigid mould nor can they be put in a legal strait-jacket.
They are not immutable but flexible. These rules can be adapted
and modified by statutes and statutory rules. (Union of India v.
Tulsiram Patel ). The rules of natural justice are not a constant: