No proper opportunity of hearing No proper opportunity of hearing

2 months ago

If in a quasi-judicial judgment, the author does not discuss what the petitioner is saying & only is putting several conclusions on the case without discussing what petitioner is trying to say.

A judge holds a hearing. Both parties present. But the judge did not let the affected party speak against the allegations that are being made upon him. The judge is also not ready consider the written submissions of that person. Now the judge came to some conclusions in the Judgment without citing what the affected party wants to say.
- Can it be considered as a valid judgment?

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

Quasi-judicial bodies are entities with authority limited to specific areas such as financial markets, public standards, employment law, land use, and zoning. They operate under a set of regulations defined by an agency. However, quasi-judicial authorities lack jurisdiction to review their own earlier orders. In situations where a quasi-judicial authority decides without allowing the parties to be heard or violates the principles of natural justice, an appeal under Article 226 can be made to the High Court.

Under Article 226, the High Court may issue a writ of Certiorari if the court or tribunal acts illegally in the exercise of its undoubted jurisdiction. A writ of Certiorari is typically issued against the acts or proceedings of a judicial or quasi-judicial body. This writ serves to correct errors of law and ensure fair and just proceedings by higher judicial authorities.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
Quasi-judicial bodies have their authority limited to specific areas like financial markets, public standards, employment law, land use, and zoning, and a specific set of regulations of an agency. The quasi-judicial authority has no jurisdiction to review its earlier order. When a quasi-judicial authority decides without allowing the parties to be heard or violates the principles of natural justice, on an appeal under Article 226, the High Court may issue a writ of Certiorari if the court or tribunal acts illegally in the exercise of its undoubted jurisdiction. A writ of Certiorari is generally issued against the acts or proceedings of a judicial or quasi-judicial body.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCwjc 1162/2023 service matter not listed
Dear Sir, Normally, many High Court not giving next dates. It is for the litigant who is in urgency must file an application through its advocate for taking his case on Board.
question iconAgreement
Dear Client, Adoption of a child without complying with the procedures as prescribed under the Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice (Care and Protection of Children) Act,...
question iconcast certificate invalidate
Dear Client, The caste certificates are issued, verified and canceled by the authorities of the respective State Governments. Each State Government has its own system/procedure in this regard. Candida...
question iconI did not get salary of January month
Dear Client, Your query requires more details to address it suitably; However, in the given scenario, , you need to serve a legal notice protesting the arbitrary and unethical action of the employer a...
question iconMental harrasment
Dear madam/sir You may contact local advocate to know local facilities where you can lodge such complaints. Otherwise file such case before criminal court or approach domestic violence cases dealing c...