Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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Failure to grant an effective personal hearing after a specific request vitiated the adjudication order for breach of natural justice. The HC held that under Section 75(4), once a hearing is sought, it becomes mandatory, and the date of hearing must be separately intimated in advance. A mere statement in the order that the petitioner was heard on the same day its reply was filed was insufficient, especially where the show-cause notice only called for a reply and did not inform that oral hearing would also occur then. The adjudication was therefore set aside, with liberty to the authority to give due notice, hear the petitioner afresh, and pass a fresh order.
Failure to grant an effective personal hearing after a specific request vitiated the adjudication order for breach of natural justice. The HC held that under Section 75(4), once a hearing is sought, it becomes mandatory, and the date of hearing must be separately intimated in advance. A mere statement in the order that the petitioner was heard on the same day its reply was filed was insufficient, especially where the show-cause notice only called for a reply and did not inform that oral hearing would also occur then. The adjudication was therefore set aside, with liberty to the authority to give due notice, hear the petitioner afresh, and pass a fresh order.
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