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Andhra Cements Ltd v Government of AP - WRIT APPEAL   flag 

[2000] INAPHC 240
High Court of Andhra Pradesh
India - Andhra Pradesh
16th October, 2000

Legislation Cited

Legislation Name Provision
Constitution

Cases and Articles Cited

Case Name Citation(s) †  Court Jurisdiction Date Full Text Citation Index
(1998) 4 SCC 464 (1998) 4 SCC 464 circa 1998 1
(1998) 4 SCC 194 (1998) 4 SCC 194 circa 1998 1
Tota Ram v UP (1997) 6 SCC 280 circa 1997 5
1991 2 JT 43 1991 2 JT 43 circa 1991 1
R v Huntingdon District Council; Ex parte Cowan [1984] 1 All ER 58; [1984] 1 WLR 501 United Kingdom circa 1984 LexisNexis flag 26
McInnes v Onslow-Fane [1978] 3 All ER 211; [1978] 1 WLR 1520 United Kingdom circa 1978 LexisNexis flag 130
Mohinder Singh Gill v Chief Election Commissioner [1977] INSC 227; (1978) 1 SCC 405; 1978 3 SCR 272; AIR 1978 SC 851 Supreme Court of India India 2 Dec 1977 LIIofIndia flag 278
British Oxygen Co Ltd v Minister of Technology [1970] UKHL 4; [1971] AC 610; [1970] 3 All ER 165 House of Lords United Kingdom 15 Jul 1970 BAILII flag 447
Ridge v Baldwin [1963] UKHL 2; (1963) 1 QB 539; [1964] AC 40; [1963] 2 All ER 66; [1963] 2 WLR 935; 14 ACJ 699 House of Lords United Kingdom 14 Mar 1963 BAILII flag 978
4 SCC 183 4 SCC 183 circa 1963 2
4 SCC 69 4 SCC 69 5
3 SCC 719 3 SCC 719 circa 1963 2
2 SCC 462 2 SCC 462 circa 1963 5
2 SCC 410 2 SCC 410 circa 1963 9
2 SCC 205 2 SCC 205 circa 1963 11
1 SCC 396 1 SCC 396 circa 1963 3
Air 1977 SC 161 AIR 1977 SC 161 Supreme Court of India India circa 1977 flag 1
Supreme Court: "There is no rule of natural justice that at every stage a person is entitled to personal hearing (ii) An opportunity of hearing is not necessarily be of personal hearing; it can be by written representation iii) Whether hearing to be personal or by written representation, depends on facts of each case, though ordinarily it is the discretion of the authority iv) Solely on the ground that the order was made without affording an opportunity of personal hearing cannot be rendered to be invalid in exercise of power of judicial review, especially when a party is likely to be affected by a decision have an opportunity of making a representation (v) Personal hearing in every situation is not necessary and there can be compliance of requirements of the natural justice of hearing when a right to represent is given and the decision is made on consideration thereof (vi) When all the circumstances have been taken into account, non-giving of opportunity of personal hearing before the applications are rejected cannot be a sine qua non for validity or legality of an order (vii) Consideration of a representation is a sufficient compliance with the principle of natural justice (viii) The inherent principle of natural justice is an opportunity of hearing to be provided before an adverse order is passed The requirement stands complied with by affording an opportunity to a person concerned to present his case before the authority and it is left to the discretion of the quasi-judicial authority to decide whether personal hearing is necessary and quit essential in the facts and circumstances of a case 34In AIR 1971 SC 862 Supreme Court of India India circa 1971 flag 12
Travancore Rayons v Union of India AIR 1971 SC 862 Supreme Court of India India circa 1971 flag 4
Madhya Pradesh Industries Ltd v Union of India [1965] INSC 154; [1966] 1 SCR 466; AIR 1966 SC 671 Supreme Court of India India 16 Aug 1965 LIIofIndia flag 5
F N Roy v Collector of Customs, Calcutta [1957] INSC 48; [1957] SCR 1151; AIR 1957 SC 648 Supreme Court of India India 16 May 1957 LIIofIndia flag 1

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