Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Natural justice -- Any person, whose identity, and their past, present and future rights are challenged, must at the least be given an opportunity to be fairly heard...........
Maharashtra Cooperative Societies Act, 1960, Section 11 -- Validity - Whether a member stood disqualified after the formation or registration of the cooperative society - There has been no enquiry at all on an individual basis - Single Judge held that the power of the Registrar u/s 11 is not restricted to enquiring into the eligibility of the formation or registration of..........
Maharashtra Cooperative Societies Act, 1960, Section 11 -- Validity - Whether a member stood disqualified after the formation or registration of the cooperative society - There has been no enquiry at all on an individual basis - Single Judge held that the power of the Registrar u/s 11 is not restricted to enquiring into the eligibility of the formation or registration of..........
Natural Justice -- Cancellation of allotment of plot without affording reasonable opportunity of hearing to the petitioner - Order of cancellation of allotment quashed - However, respondents are free to consider issue of irregular allotment of plot made and pass appropriate order in this behalf as per law after affording reasonable opportunity of hearing to petitioner...........
Service -- Dismissal - High Court set aside the order of dismissal passed in breach of principles of natural justice as copy of Inquiry Report was not given to the delinquent and without calling for his comments on the Inquiry officer's report and respondent was reinstated with full back wages - Impugned order set aside - High Court ought to have remitted the case to..........
Natural justice -- Direction for registration of case u/ss 218, 219 & 221 IPC against petitioner - Impugned order passed without issuance of notice to the petitioner and without giving an opportunity to explain the factual position - Said provisions invoked without initiation of any inquiry or any material on record and in absence of any evidence - Same amounts to..........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Discharge of effluent in National Sanctuary - Nothing on record to indicate that before imposing damages of Rs.10 Crores any show cause notice was issued to the writ petitioners - Neither respondents was given any opportunity of hearing by authorities concerned - Imposing damages of Rs.10 Crores, thus can be said to..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Initiation of FIR in the case stems from writ proceedings before High Court, wherein State has opted to re-examine issue in contradiction of their own affidavit and preliminary report submitted earlier before High Court stating commission of cognizable offence had not been made out -..........
Service -- Termination - Appellant appointed after he underwent entire selection process on contractual basis - Though employment of appellant is on contractual basis but he was entitled to get all benefits of a regular employee - There is nothing against appellant adversely reflecting his integrity - Annual Performance Assessment Report (APAR) of appellant showed his..........
