Trace Your Case

ISSUE:

Whether the ex parte enquiry held by Managing Director of the Corporation into the matter was in violation of natural justice?

Whether the Managing Director was justified in cancelling the written agreement with the petitioner after a lapse of a year, without putting him to notice?

RULE:

The court applied principles of natural justice, emphasizing that parties must be given a fair opportunity to present their case, particularly in administrative decisions that affect their rights.

No prejudice must be caused to the person who is alleging the breach of Principles of natural justice which includes the rule of audi alteram partem.

The doctrine of proportionality was considered, where actions taken must be appropriate and not excessive in relation to the objectives sought.

The court also examined the distinction between public law and private law, determining that cases involving public elements can be adjudicated under public law principles.

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