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Purtabpore Co. Ltd vs Cane Commissioner Of Bihar & Ors on 21 November, 1968 cites

State Of Punjab And Another vs Hari Krishan Sharma on 9 December, 1965

This Court reiterated that rule in State of Punjab v. Hari Kishan Sharma(1). Therein this Court held that the State Government was not justified in assuming jurisdiction which had been conferred on the licensing authority by s. 5 (1 ) and (2) of the Punjab Cinemas (Regulation) Act. For the reasons mentioned above we hold that the impugned orders are liable to be struck down as they were not made by the prescribed authority. This takes us to the question whether the proceeding which resulted in making the impugned orders is a quasi- judicial proceeding or an administrative proceeding. There was some controversy before us whether a proceeding under el. 6(1) of the 'order' is a quasi-judicial proceeding. It is not necessary for us to decide that question as in this case we are only concerned with the proceeding which resulted in making the impugned orders. In that proceeding the only question before the authorities was whether all or some of the villages reserved for the appellant should be taken out from the reserved area and reserved for the 5th respondent. The plea of the 5th respondent was that all those villages should be reserved for it whereas the appellant insisted that the reservation made in its favour should not be disturbed. Whether there was a lis between the appellant and the 5th respondent at an earlier stage or not, we are of the opinion, as soon as the 5th respondent moved the Government for altering or modifying the reservation made in favour of the appellant, a lis commenced. The dispute that arose between the appellant and the 5th respondent had to be decided on the basis of the objective criteria, prescribed by cl. 6 of the 'order' i.e. (1) the crushing capacity of the appellant mill; (2) the availability of the sugarcane in the reserved area and (3) the need for the production of sugar.
Supreme Court of India Cites 20 - Cited by 77 - P B Gajendragadkar - Full Document

Board Of High School & Intermediate ... vs Ghanshyam Das Gupta And Others on 6 February, 1962

54. This Court in Board of High School and Intermediate Education U.P, Allahabad v. Ghanshyam Das Gupta and Ors.(1) held that where the statute in question is silent as to the manner in which the power conferred should be exercised by the authority acting under it, the exercise of power will depend on the express provisions of the statute read alongwith the nature of the rights affected, the manner of disposal provided, the objective criteria, if any, to be adopted, the effect of the decision on the persons affected and other indicate afforded by the statute. The mere fact that the Act in question or the relevant Regulations do not make it obligatory on the authority to call for an explanation and to hear the person concerned is not conclusive on the question whet- her the authority has to act as a quasi-judicial body when exercising its power under the statute.
Supreme Court of India Cites 6 - Cited by 198 - K N Wanchoo - Full Document

Suresh Koshy George vs The University Of Kerala & Ors on 15 July, 1968

Shri Chagla contended that even if we are to hold that the power exercised by the authorities in making the impugned orders had to be exercised judicially, on the facts of his case we must hold that there was no contravention of the principles of natural justice. He took us to the various representations made by the appellant. According to him the appellant had stated in its representations to the authorities all that it could have said on the subject. Therefore we should not hold that there was any contravention of the principles of natural justice. It is true as observed by this Court in Suresh Koshy George v. The University Kerala and Ors.(2) that "the rules of natural justice are not embodied rules. The question whether the requirements of natural justice have been met by the procedure adopted in a given case must depend to a great extent on the facts and circumstances of the case in point, the constitution of the tribunal and the rules under which it functions." In this case what has happened is that both the appellant as welt as the 5th respondent were making repeated representations to the Chief Minister as well as to the Cane Commissioner. The representations made by the 5th respondent or even the substance thereof were not made available to the appellant. The proposal to split the reserved area into two or the manner in which it was proposed to be split was not made known to the appellant and his objections invited in that regard. The appellant complains that the manner in which the area had been divided had caused great prejudice to it. Its grievance may or may not be true but the fact remains that it had no opportunity to represent against the same. Hence the appellant is justified in complaining that the principles of natural justice had been contravened.
Supreme Court of India Cites 9 - Cited by 348 - K S Hegde - Full Document
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