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1 - 10 of 27 (0.47 seconds)Kavita W/O Sunder Shankardas ... vs State Of Maharashtra & Ors. Etc. Etc on 28 July, 1981
This Court then went on to
hold that normally, lawyers have no
place in proceedings before the Advisory
Board, and then went on to refer to
Kavita [Kavita v. State of Maharashtra
(1), (1981) 3 SCC 558 : 1981 SCC (Cri)
743] . It was finally held that since
the detaining authority was allowed to
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be represented by counsel before the
Advisory Board, whereas the detenu was
not, the order of detention would be
quashed as this would be discriminatory.
Crescent Dyes And Chemicals Ltd. vs Ram Naresh Tripathi on 16 December, 1992
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(India) Ltd. v. Workmen, (1965) 2 SCR
139 : AIR 1965 SC 1392],Crescent Dyes
and Chemicals Ltd. v. Ram Naresh
Tripathi [Crescent Dyes and Chemicals
Ltd. v. Ram Naresh Tripathi, (1993) 2
SCC 115 : 1993 SCC (L&S) 360] and Indian
Overseas Bank v. Officers' Assn. [Indian
Overseas Bank v. Officers' Assn., (2001)
9 SCC 540 : 2002 SCC (L&S) 1043] "
The Management Of National Seeds ... vs K.V. Rama Reddy on 29 September, 2006
23. The Court then held: (National
Seeds Corpn. Ltd. case [National Seeds
Corpn. Ltd. v. K.V. Rama Reddy, (2006)
11 SCC 645 : (2007) 1 SCC (L&S) 512] ,
SCC pp. 650-51, para 10)
Wiseman And Another vs Borneman And Others. on 1 November, 1967
Even in Wiseman [Wiseman
v. Borneman, 1971 AC 297 : (1969) 3 WLR
706 (HL)] where all that was sought to
be done was to see if there was a prima
facie case to proceed with a tax case
where, inevitably, a fuller hearing
would be extended at a later stage of
the proceedings, Lord Reid, Lord Morris
of Borth-y-Gest and Lord Wilberforce
suggested 'that there might be
exceptional cases where to decide upon
it ex parte would be unfair, and it
would be the duty of the tribunal to
take appropriate steps to eliminate
unfairness' (Lord Denning, M.R., in
Howard v. Borneman (2) [Howard v.
Borneman (2), 1975 Ch 201 : (1974) 3 WLR
660 (CA)] summarised the observations of
the Law Lords in this form). No
doctrinaire approach is desirable but
the court must be anxious to salvage the
cardinal rule to the extent permissible
in a given case. After all, it is not
obligatory that counsel should be
allowed to appear nor is it compulsory
that oral evidence should be adduced.
Indeed, it is not even imperative that
written statements should be called for.
Disclosure of the prominent
circumstances and asking for an
immediate explanation orally or
otherwise may, in many cases, be
sufficient compliance. It is even
conceivable that an urgent meeting with
the parties concerned summoned at an
hour's notice, or in a crisis, even a
telephone call, may suffice."
(emphasis in original)
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Article 21 in Constitution of India [Constitution]
Section 22 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Kalindi & Others vs Tata Locomotive & Engineering Co., Ltd on 25 March, 1960
Ltd. [N. Kalindi v. Tata Locomotive &
Engg. Co. Ltd., (1960) 3 SCR 407 : AIR
1960 SC 914] , (ii) Brooke Bond (India)
(P) Ltd. v. S. Subba Raman [Brooke Bond
(India) (P) Ltd. v. S. Subba Raman,
(1961) 2 LLJ 417 (SC)] and (iii) Dunlop
Rubber Co. (India) Ltd. v. Workmen
[Dunlop Rubber Co. (India) Ltd. v.
Workmen, (1965) 2 SCR 139 : AIR 1965 SC
1392] that there is no right to
representation as such unless the
company by its Standing Orders
recognises such a right.
D.G. Railway Protection Force & Ors vs K. Raghuram Babu on 3 March, 2008
In Railway Protection Force v. K.
Raghuram Babu [Railway Protection Force
v. K. Raghuram Babu, (2008) 4 SCC 406 :
Janwant Singh/Tata Engineering & ... vs Malwa Automobiles & Ors./Tata ... on 30 September, 2011
Tata Locomotive & Engg. Co. Ltd. [N.
Kalindi v. Tata Locomotive & Engg. Co.
Ltd., (1960) 3 SCR 407 : AIR 1960 SC
914] Such an inquiry is not a suit or
criminal trial where a party has a right
to be represented by a lawyer.