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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>High Court quashes order, orders re-hearing. Petitioner granted opportunity to present case.</h1> The High Court of Madras quashed an impugned order of attachment in a writ petition due to lack of opportunity for the petitioner to present their case. ... Attachment without assessment - violation of theprinciple of natural justice - quashing of order for want of opportunity - remand for fresh adjudication after affording hearingAttachment without assessment - violation of theprinciple of natural justice - quashing of order for want of opportunity - Impugned attachment order passed without affording the petitioner an opportunity and without passing an assessment order was liable to be set aside. - HELD THAT: - The court found that the petitioner was indisputably not given an opportunity before the attachment order was made. In view of the absence of hearing and the fact that no assessment order had been placed on record as preceding the attachment, the attachment order could not be sustained. The impugned order was therefore quashed for want of compliance with the requirement of affording an opportunity and the principles of natural justice. [Paras 4]Impugned attachment order set aside on the ground that the petitioner was not afforded an opportunity prior to attachment.Remand for fresh adjudication after affording hearing - quashing of order for want of opportunity - Matter remanded to the second respondent to pass fresh orders after giving the petitioner an opportunity to be heard in accordance with law. - HELD THAT: - Having quashed the attachment order, the court directed that the second respondent shall proceed afresh and decide the matter in accordance with law after affording the petitioner a hearing. The petitioner was directed to appear before the second respondent within two weeks from receipt of the copy of this order, with the clear consequence that failure to do so would render the earlier impugned order operative. [Paras 4]Remitted to the second respondent to pass fresh order after giving opportunity to the petitioner; petitioner to appear within two weeks of receipt of the order, failing which the impugned order will stand.Final Conclusion: The attachment order is quashed for failure to afford the petitioner an opportunity; the matter is remitted to the second respondent for fresh adjudication after hearing the petitioner within the specified two-week period; writ petition disposed of with no costs. The High Court of Madras quashed an impugned order of attachment in a writ petition due to lack of opportunity for the petitioner to present their case. The court directed the second respondent to pass a new order after giving the petitioner an opportunity to be heard. The petitioner must appear before the second respondent within two weeks from receiving the order.
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