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1 - 10 of 19 (0.24 seconds)A. K. Kraipak & Ors. Etc vs Union Of India & Ors on 29 April, 1969
"Since
the decision of this Court in Kraipak's case (A. K. Kraipak v. Union
of India) one golden rule that stands firmly established is that the
doctrine of natural justice is not only to secure justice but to
prevent miscarriage of justice. What, however, does this doctrine
exactly mean?
Section 43 in The Gujarat Technological University Act, 2007 [Entire Act]
Maharashtra State Board Of Secondary ... vs K.S. Gandhi And Ors on 12 March, 1991
Dr. J. P. Kulshreshtha And Ors vs Chancellor, Allahabad University, Raj ... on 30 April, 1980
(v) Dr.J.P.Kulshrestha
And Others v. Chancellor, Allahabad University And Others - (1980)3
SCC 418
(C) That
a reasonable opportunity of hearing has been afforded to the
petitioners by the Examination Committee, before imposing the
punishment. The quantum of punishment would have to be decided by an
Expert Body, and this Court, in exercise of jurisdiction under
Article 226 of the Constitution of India, may not substitute its
view and impose lesser punishment, as per the settled position of
law. The Circular dated 03.11.2010 of the respondent-University is
in accordance with law, and is aimed at curbing malpractices in
examinations which have to be dealt with strictly, so as to achieve
higher standards of education. In the absence of Regulations, which
have not yet been framed, the University has to conduct its
day-to-day affairs by issuing executive instructions and the said
Circular has been issued in exercise of executive powers, by the
Competent Authority of the University. On the ground of
proportionality, the following judgments have been referred to by
the learned advocate for the respondent-University:
Charanjit Lamba vs Commndng.Officer,Southern Command & ... on 6 July, 2010
(i) Charanjit
Lamba v. Commanding Officer, Southern Command & Ors. - AIR 2010
SC 2462
Malavkumar Arunbhai Patel vs Sardar Patel University And 2 Ors. on 3 November, 2006
In
Malavkumar Arunbhai Patel v. Sardar University And Others -
2007(1) GLR 413, this Court, after considering
various judgments of the Supreme Court, has held as below:
Kumaon Mandal Vikas Nigam Ltd vs Girja Shankar Pant & Ors on 18 October, 2000
25. Further
in Kumaon Mandal Vikas Nigam
Ltd. v. Girja Shankar Pant, reported in (2001)1 SCC 182,
the Supreme Court has held as under in paragraphs 1 and 2 of the
reported judgment:
The Keshav Mills Company Ltd. & Anr vs Union Of India And Ors on 8 December, 1972
As a matter of fact this Court in the
case of Keshav Mills Co. Ltd. v. Union of India upon reliance on the
attributes of the doctrine as above stated as below (SCC p.387,para
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
26. It
is now an accepted proposition of law that any statutory body which
is entrusted by statute with discretion, must act fairly. It does not
matter whether its functions are described as judicial or
quasi-judicial on the one hand, or as administrative on the other.
Even an administrative order, which involves civil consequences must
be made consistently with the rules of natural justice. Although the
expression 'civil consequences' has not been defined anywhere, the
observation made in Mohinder
Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405
at para-66 on page 440 is relevant in this context and reads as
below: