Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Unfair trade practice - Punitive damages - Law as to : (i) Such a claim has to be specifically pleaded; (ii) No litigant can be punished by way of punitive damages for merely approaching Court, unless its case is found to be frivolous; (iii) Mere proof of "unfair trade practice" is not enough for claim or award of..........
Service -- Misconduct - `Doctrine of Proportionality' - Principle of `Doctrine of Proportionality' is a well recognised one to ensure that action of employer against employees/workmen does not impinge their fundamental and statutory rights - This doctrine has to be followed by the employer/employers at the time of taking disciplinary action against their employees/workmen..........
Service -- Unauthorised absence from duty - Appellant dismissed from service without conducting any enquiry and without giving show cause notice to him - Moreover, being a workman appellant was governed by Industrial Employment (Standing Orders) Act, 1946 - Termination is in violation of natural justice - Termination vitiated - Workman entitled to reinstatement. (Paras..........
Blacklisting -- Principle of Natural Justice - Show cause notice - Order of blacklisting has effect of depriving a person of equality of opportunity in matter of public contract - It is described as `civil death' - Fundamentals of fair play require that person concerned should be given an opportunity to represent his case before he is put on the blacklist...........
Land Acquisition Act, 1894, Section 5A, 4, 6, 11 - - Acquisition of land - Natural justice - Judicial review - Held, principles of natural justice is an in built element of procedure but per se violation of these principles would not ipso facto vitiate proceedings unless any prejudice is shown to have been caused to parties - Also judicial review of administrative decision..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Arbitration clause - Interpretation of - Clause 48 of agreement provides for parties to amicably settle any disputes or differences arising in connection with contract - But it does not provide for any procedure which would remotely indicate that concerned engineer is required to act judicially as..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - High court committed an error in quashing the complaint against respondent No.3 without hearing the appellant co-accused and without impleaded him as party in the writ petition filed by respondent No.3 as their alleged roles are interconnected - Held, There is clear violation of principles of natural..........
Administrative Law -- Wrong and illegal acts - Review - Held, if wrong and illegal acts can be set aside by Courts same mischief can be undone by administrative authorities themselves by reviewing such an order if found to be ultra vires - It is to be done after following the principles of natural justice...........
Constitution of India, 1950, Article 226, 32 -- Blacklisting of contractor - Judicial review - Held, any decision blacklisting of contractor is subject to judicial review when same is taken by State or any of its instrumentalities - This implies that any such decision will be open to scrutiny not only on touchstone of principles of natural justice but also on doctrine of..........
Service -- Dismissal - Show cause notice issued and charges framed - However, departmental proceedings not initiated - Neither any inquiry officer appointed, nor any notice issued by any inquiry officer - No evidence was relied upon to bring home the charges - Order of dismissal passed in violation of rules of natural justice - Dismissal not sustainable...........
