Natural justice breach found; impugned order set aside and matter remanded for proper application of mind HC found a violation of natural justice, concluding the impugned process was issued without proper application of mind. Relying on similar earlier HC ...
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.
Natural justice breach found; impugned order set aside and matter remanded for proper application of mind
HC found a violation of natural justice, concluding the impugned process was issued without proper application of mind. Relying on similar earlier HC orders concerning co-accused, the court set aside the impugned order and remanded the matter to the trial court for appropriate steps in accordance with law. The petition was allowed by way of remand.
The petitioners, original accused nos. 10-14, challenged issuance of process on the ground that it was issued "without proper application of mind." The court noted earlier orders dated 07.03.2022 and 18.04.2022 in related writ petitions filed by co-accused, observed that the petitioners form part of the same complaint and that the nature of the impugned order is similar to those earlier orders. Applying that reasoning, the court held that the impugned order must be set aside. "The petition is allowed. The impugned order in this petition is set aside. The matter is remanded to the trial court for taking appropriate steps in accordance with law." The matter is therefore remitted for reconsideration by the trial court with proper application of mind and further proceedings in accordance with law.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
