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    <title>2017 (5) TMI 997 - KARNATAKA HIGH COURT</title>
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    <description>An appellate order was found unsustainable because the petitioner was denied a real and effective opportunity to rebut the respondent&#039;s submissions. A fair hearing requires more than a formal hearing of one side; it includes the right to answer and contest the opposing party&#039;s arguments, even where no new facts are introduced. As the petitioner was absent when the respondent was heard and was not allowed to respond, the proceeding failed the basic requirement of natural justice. The order was therefore set aside for breach of natural justice.</description>
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      <description>An appellate order was found unsustainable because the petitioner was denied a real and effective opportunity to rebut the respondent&#039;s submissions. A fair hearing requires more than a formal hearing of one side; it includes the right to answer and contest the opposing party&#039;s arguments, even where no new facts are introduced. As the petitioner was absent when the respondent was heard and was not allowed to respond, the proceeding failed the basic requirement of natural justice. The order was therefore set aside for breach of natural justice.</description>
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