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    <title>2021 (10) TMI 890 - GUJARAT HIGH COURT</title>
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    <description>A writ petition remained maintainable despite the statutory appeal and pre-deposit requirement because a gross breach of natural justice was alleged. The Court held that the alternative remedy rule does not bar writ jurisdiction where effective notice and hearing were absent. It further found that the show cause notice and personal hearing notices were not effectively served on the petitioner, and that affixation at the company premises could not substitute proper service on him personally. The ex parte personal penalty order therefore violated the rule against condemning a person unheard and was quashed to that extent, with the matter remitted for fresh decision in accordance with law.</description>
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    <pubDate>Wed, 08 Sep 2021 00:00:00 +0530</pubDate>
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      <title>2021 (10) TMI 890 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=413838</link>
      <description>A writ petition remained maintainable despite the statutory appeal and pre-deposit requirement because a gross breach of natural justice was alleged. The Court held that the alternative remedy rule does not bar writ jurisdiction where effective notice and hearing were absent. It further found that the show cause notice and personal hearing notices were not effectively served on the petitioner, and that affixation at the company premises could not substitute proper service on him personally. The ex parte personal penalty order therefore violated the rule against condemning a person unheard and was quashed to that extent, with the matter remitted for fresh decision in accordance with law.</description>
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      <pubDate>Wed, 08 Sep 2021 00:00:00 +0530</pubDate>
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