2025 (7) TMI 837

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....;ble Shri Justice Binod Kumar Dwivedi For the Petitioner : Shri Piyush Parashar - Advocate For the Respondent No. 1. : Shri Romesh Dave appearing on behalf of Shri Himanshu Joshi - Advocate For the Respondents No. 3 & 4. : Shri Prasanna Prasad - Advocate For the Respondents/State. : Shri Anand Soni - Additional Advocate ORDER PER: JUSTICE VIVEK RUSIA The petitioner has filed t....

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.... petitioner/assessee did not explain the reason for cross-examining the witnesses. Both the reasons are not acceptable. When the order suffers from principle of natural justice, then the Writ Petition is maintainable. The right of cross-examination is provided under the Evidence Act. Every witness who either give oral statement or give affidavit are always subjected to cross-examination as held by....

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....nciples of natural justice. (See also: Union of India v.T.R. Varma, AIR 1957 SC 882; Meenglas Tea Estate v. Workmen, AIR 1963 SC 1719; M/s. Kesoram Cotton Mills Ltd. v. Gangadhar & Ors., AIR 1964 SC 708; New India Assurance Company Ltd. v. Nusli Neville Wadia and Anr., AIR 2008 SC 876; Rachpal Singh & Ors. v. Gurmit Singh & Ors., AIR 2009 SC 2448; Biecco Lawrie & Anr. v. State of West Bengal & Anr....

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..... 46. In view of the above discussion and considering the seriousness of the allegations, as the Scrutiny Committee has already conducted an inquiry in relation to this matter, the only grievance of the appellant is that there has been non-compliance with the principles of natural justice, and the fact that the applications filed by him, were not decided upon, we direct that before the su....