...premises. Morevoer, as per principles of natural justice, no one should be condemned unheard.”The reasons given by the learned Rent Controller, while allowing the application are sound reasons and call for no interference by this Court.Dismissed....24.10.09 No Finding can be given without giving an opportunity to applicants to prove their case. Ejectment petition has already been decided by competent court which is a Compelling circumstance to allow...petition. It is no doubt true that petitioners/landlords are in dire need of demised property in ejectment petitions, But interest of both parties is to be considered. In this case, there is a history of...

...found to be lacking bona fide.In view of settled principle of natural justice, no one should be condemned unheard and every endeavour should be made to dispose of disputed claims of the...petitioner would be condemned unheard and the accused would be exonerated of his liability to face prosecution legitimately lodged by the petitioner.Counsel for the respondent has...of the Negotiable Instruments Act, 1881 (in short “the Act”) was ordered to be dismissed for non-prosecution and the accused/respondent is acquitted of the offence.M/s Alliance Steels...

...assessee receives notice of hearing, she is ready to appear on the day and submit that she is not going to take any adjournment. Therefore, keeping in view the principles of natural justice, no one should be condemned unheard, on...20.05.2013, the AR of the assessee again sought for adjournment and the case was refixed for hearing on 13.06.2013, 15.07.2013 and 29.07.2013. No one appeared on behalf of the assessee. The AR of the...matter back to the ld. CIT(Appeals) to decide it afresh. Therefore, he prayed that the assessees case may also be remitted back to the ld. CIT(Appeals) to decide the matter since both cases are inter...

...assessee receives notice of hearing, she is ready to appear on the day and submit that she is not going to take any adjournment. Therefore, keeping in view the principles of natural justice, no one should be condemned unheard, on...20.05.2013, the AR of the assessee again sought for adjournment and the case was refixed for hearing on 13.06.2013, 15.07.2013 and 29.07.2013. No one appeared on behalf of the assessee. The AR of the...matter back to the ld. CIT(Appeals) to decide it afresh. Therefore, he prayed that the assessees case may also be remitted back to the ld. CIT(Appeals) to decide the matter since both cases are inter...

...considered as an empty formality. The intention of affording a hearing is in compliance to principles of natural justice. No one should be condemned unheard’. Similarly, if penalty is automatic or mandatory...income in search assessment proceedings, the same does not amount to concealed income for levy of penalty under section 158BFA(2). The additions made itself are uncalled for. No additions can be made..., Shillong [2003] 262 ITR 4071. Similarly, no addition can be made as undisclosed income resorting to the valuation officer as held by Hon’ble Bombay High Court in the case of...

...principles of natural justice were required to be complied with. There cannot be any doubt whatsoever that the audi alteram partem is one of the basic pillars of natural justice which means no one should be condemned unheard. However, whenever possible the principle of natural justice should...(1980) 4 SCC 379 whereupon Mr Rao placed strong reliance to contend that non-observance of the principles of natural justice itself causes prejudice or the same should not be read ‘as...of equity in a case of this nature, in our opinion, will have no role to play. Sympathy, as is well known, should not be misplaced.33. In Maruti Udyog Ltd. v. Ram Lal...

...providing opportunity of hearing to the assessee. It is a well settled principle of natural justice that no one should be condemned unheard. The ex-parte impugned order is set aside and the appeal is...proceedings. The ld. AR pointed ITA No. 926/PUN/2018, A.Y. 2008-09 that only one notice of appeal was sent to the assessee. The ld. AR prayed that the matter may be remitted back to the file of...of January, 2019. Sd/- ( / Vikas Awasthy) / JUDICIAL MEMBER / Pune; / Dated : 10th January, 2019 ITA No. 926/PUN/2018, A.Y. 2008-09 / Copy of the Order forwarded to : 1. / The...

...for reviewing the judgment.8. In any case we proceed to consider the objections raised by the DGP serially, first one being violation of natural justice. “No one should be condemned unheard”, is...is undesirable to permit meeting on the road should be the law in the whole State.25. One of the additional respondents impleaded filed I.A No. 388 of 2010 producing a newspaper...see no reason why fundamental rights of people assembled in every junction should not be protected by this Court because those who do not want to listen speeches in meeting should be spared from it and...

...natural justice that no one should be condemned unheard.9. Disciplinary Authority, in the present case, not only violated the aforesaid instructions, but also violated the principle of natural justice, by...affording any opportunity of showing the cause to the petitioner, as to why Enquiring Authority's finding exonerating the petitioner should not be reversed.8. Government of India...working as Kanoongo, at the relevant time, has sought judicial review of order, dated 4th January, 2008 of the H.P State Administrative Tribunal (now abolished), whereby his Original Application No. 2210...

...principle of natural justice that no one should be condemned unheard and fair opportunity should be given to the parties to the lis. Without commenting on the merits of the addition, we deem it...be granted to the Assessee to present the merits of case before the First Appellate Authority. 3. On the other hand, Shri Rajesh Gawali representing the Department submitted that...notice of the appeals were sent to the assessee on the address mentioned in Form No. 35. The assessee never intimated his fresh / new address by filing revised Form No. 35, therefore, the action of...

...proceedings. It is a well settled principle of natural justice that no one should be condemned unheard and fair opportunity should be given to the parties to the lis. Without commenting on the merits...Form No. 35, therefore, the action of Commissioner of Income Tax (Appeals) in passing ex-parte order cannot be faulted. 4. Both sides heard. Orders of the Authorities below perused.... AR submitted that an opportunity may be granted to the Assessee to present the merits of case before the First Appellate Authority. 3. On the other hand, Shri Rajesh Gawali...

...be held in presence of the accused unless his appearance is dispensed with either by express or implied provision of the Cbde. The underlying principle in the requirement of presence of the accused during the trial is based on the principle of natural justice- no one should be condemned unheard. There...be exercised only in rare instances, and when the Magistrate finds it necessary in the interest of justice. It was pointed out that both the accused are residents of House No ???2/A, A.G. Cooperative...disposes of the rights of the parties” and he held that the order then under appeal did not finally dispose of those rights, but left them to be determined by the-courts in the ordinary way.” it should...

...one of the fundamental legal principles of natural justice 'No one should be condemned unheard', the 11th respondent ought to have conceded to the request of the petitioner 12/56https...principles of natural justice, namely that no one should be condemned unheard is not optional and even in the absence of specific provision, the principle must be read into every statute and regulations as.... If such a finding is to be one of the documents to be considered by the disciplinary authority, the principles of natural justice require that the employee should have a fair opportunity to meet...

...rule of natural justice that no one should be condemned unheard, as held by the apex Court in the case West Bengal Electricity Regulatory Commission v. C.E.S.C. Ltd.... See Mrs. Menaka Gandhi v. Union of India and another, 1978 (1) SCC 248, wherein it is held, the principle of the maxim which mandates that no one should be condemned unheard; is a part of rule of natural justice. We...dismissing the same on mere technicalities. The rights of the petitioner have to be protected and technicalities should not come in the way of justice. 4. Suffice it to state that it is...

.... 1978 1 SCC 248. wherein it is held, the principle of the maxim which mandates that no one should be condemned unheard; is a part of rule of natural justice. We...Committee for relieving the petitioners in accordance with their options.14. The apprehensions are misconceived. Suffice it to state that it is rule of natural justice that no one should...be condemned unheard.15. In the case Smt. Maneka Gandhi v. Union of India...

...that no one should be condemned, unheard to meet the requirement of the principles of natural justice as it requires that petitioner may be given an opportunity to cross examine PW.1. No injustice...THIS THE 16TH DAY OF JANUARY, 2023 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 50556 OF 2017 (GM-FC...directed to conclude cross examination of PW.1 within one week from the date of appearance of PW.1 before the trial Court, failing which, the petitioner will not be entitled for the benefit of this order. Sd/- JUDGE SKS ...

...no one should be condemned unheard. However, whenever possible the principle of natural justice should be followed. Ordinarily in a case of this nature the same should be complied with. Visitor may in...) 4 SCC 422].8. The underline theme of the above judgments are no one be condemned unheard. Reasons are back bone of any order. The requirement of recording of reasons by authorities is...whether the principles of natural justice were required to be complied with. There cannot be any doubt whatsoever that the audi alteram partem is one of the basic pillar of natural justice which means...

...could be dispensed with. It is further argued that keeping in view the principle of natural justice that no one should be condemned unheard coupled with the factum that the entire effort of the...the proceedings from the stage, the complaint was ordered to be dismissed.No one has put in appearance on behalf of respondents No. 1 and 2 despite service. There is no counter to the...legally enforceable liability. The complaint was filed in the year 2008 and after conducting preliminary enquiry, the accused were ordered to be summoned. On 6.1.2010, as neither the complainant nor his...

.... A.Yr. 2013-14 justice. No one should be condemned unheard. I find that the AO has relied upon 20 person's statement in the case of SHG & PH and 13 persons in the case of HHBFR. The extracts of the...justice plays most important role and no addition or disallowance can be made without following such principles. Natural justice is the essence of fair adjudication, deeply rooted in tradition and...conscience, to be ranked as fundamental. I find that the purpose of following the principles of natural justice is the prevention of miscarriage of ITA No.16/Kol/2017 M/s Maco Corporation (India) Pvt. Ltd...

...unintentional. The principles of natural justice demand that no one should be condemned unheard. Accordingly, the Tribunal order dated 26- MA Nos.47 & 48/PUN/2018, A.Ys. 2010-11 & 2012-13 04...submitted that the order of Tribunal is well reasoned and justified, therefore, there is no reason to recall the same. 4. Both sides heard. The Tribunal vide order dated 26-04-2018...