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REASONABLE OPPORTUNITY OF HEARNG

November 26th, 2009

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, while deciding the Writ Petition No. 7577 of 2009 on 29.9.09 in re: GAWAR CONSTN. LTD vs U.O.I., it was observed as follows:-

QUOTE: It is axiomatic to say that where civil rights of a person are likely to be affected by an administrative or quasi-judicial order, rules of natural justice require that the person affected be given a reasonable opportunity of being heard before the order is passed unless the statute under which the order is passed specifically excludes such opportunity. Even when the statute specifically excludes the opportunity of being heard, Courts would be entitled to consider the legality and constitutional validity of such a provision but, in any event, when the statute does not exclude their observance, the auhtoirty passing the order affecting civil rights of a person must follow the principles of natural justice which includegiving of a reasonable opportunity of being heard to the person affected. UNQUOTE

[for full text of the judgement please visit http://www.taxesinindia.com and click on the citation: taxind_2009_hc_bom_wp_7577]

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