Supreme Court Quarterly Civil Law Digest [Jan- Mar, 2023]

Supreme Court Quarterly Civil Digest Jan – Mar, 2023AAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum of adjudication created by statute or the Constitution. (Para 112) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Administrative LawAdministrative Law - MD, ECIL, Hyderabad v. B. Karunakar - in order to set aside the order of punishment, the aggrieved person must be able prove that prejudice has been caused to him due to non-disclosure- to prove prejudice, he must prove that had the material been disclosed to him the outcome or the punishment would have been different. [Para 19] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 : AIR 2023 SC 533Administrative Law - Principles of - MP Jain and SN Jain’s treatise - If without disclosing any evidence to the party, the authority takes it into its consideration, and decides the matter against the party, then the decision is vitiated for it amounts to denial of a real and effective opportunity to the party to meet the case against him - the principle can be seen operating in several judicial pronouncements where non-disclosure of materials to the affected party has been held fatal to the validity of the hearing proceedings. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 : AIR 2023 SC 533Administrative Law - T. Takano v. Securities and Exchange Board of India - A quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication - the actual test is whether the material that is required to be disclosed is relevant for purpose of adjudication - if it is, then the principles of natural justice require its due disclosure. [Para 18] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 : AIR 2023 SC 533Administrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 : AIR 2023 SC 533Decision will be vitiated if materials are not disclosed to the affected party. Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30 : AIR 2023 SC 533Notification Issued by Central Govt not invalid merely because it's not issued in the President's name. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Supreme Court praises Orissa High Court for creatively using technology; Says other HCs should replicate it. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216The Supreme Court directs the Ministry of Law & Justice to conduct judicial impact assessment of all Tribunals at the Earliest. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216'Union Govt has power to abolish State Administrative Tribunal': Supreme Court affirms abolition of Odisha Administrative Tribunal. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Administrative Tribunals Act, 1985 - The Union Government did not become functus officio after establishing the Odisha Administrative Tribunal because the doctrine cannot ordinarily be applied in cases where the government is formulating and implementing a policy. (Para 128 (f)) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Adverse RemarksAdverse Remarks During Hearings – Live Broadcast and Virtual Hearings – Essential for courts to be extremely cautious while passing adverse remarks against parties involved – Remarks may be passed only with proper justification, in the right forum, and if it is necessary to meet the ends of justice – Stricter standard of responsibility on judges while conducting such court proceedings due to advent of live broadcast and virtual hearings – Held, remarks liable to be expunged for having caused injury to the appellant’s reputation on account of being widely circulated by the media – Appeal allowed. Seemant Kumar Singh v. Mahesh P.S., 2023 LiveLaw (SC) 219Advocates Act, 1961Advocates Act 1961 - No provisions...

Supreme Court Quarterly Civil Law Digest [Jan- Mar, 2023]

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