ADMIN CASE LAWS

Natural justice

1. Hari Nagar sugar mills V Shyam Sundar -

2. Ghyam Shyam Das V State of UP
3. Mineral Development V State of Bihar – the petitioner company leased village for 99
years. The owner of the company has previously opposed the minister in general
elections. The minister has cancelled his license. Though the act was quasi-judicial in
nature, the order was vitiated due to personal bias.
4. Khadam Singh V Muralidhar -
5. Subasamania Swamy V Jayalalitha
Judge witness combination
1. Manek Lal V Prem Chand – in this case, Manek lal who was an advocate was filed for
professional misconduct – bar council tribunal was appointed- the chairman had
already represented the respondent in a case – so he was not allowed to represent as
justice has to be like it is been given in litigating public.
2. Mean glass tea estate V worksman
3. UP V mahamath nova
Departmental bias
1. Gullapalli Nageshwara Rao V APSRTC – about institutional decision. An
administrative aaction was challenged which was heard by one party but decided by
the CM. argued that they wont be able to clear doubts aout argument. Held, no
violation of natural justice.
2. Kondala Rao v APSRTC
Audi alteram Partem
1. Hiranath Mishran V Rajendra Medical college – girls gave compliant for harassment
against 4 people by properly identifying them. Principle didn’t give show cause
notice, held the case was hornitos so the concept of natural justice is flexibly applied.
2. UP Warehouse V Vijay Narayan – certain witnesses were not recorded in front of the
dismissed bank employee. Held it was denial of natural justice.
3. Agganwal V Harayana
4. Railway Protection Force V K Raguram Bahu
Right to legal representation
1. AK Roy V UOI – right to legal representation is not applicable to preventive
detention cases by virtue or article 22 (3). Held that is the government has legal
representation then the other party should also have legal representation as per article
14.
2. Board of trustees of port of Bombay V Pilip Kumar
3. JK Agarwal V Haryana seeds development corp ltd
4. Swadeshi Cotton Mills V UOI – There are certain exceptions to the rule of natural
justice. The word “immediate” that is refered in the provision of industries act doesn’t
not make it fair to exclude the procedures to be followed.
Post decisional hearing
1. Maneka Gandhi V UOI
2. HL Trehan V UOI
Judicial control of administrative discretion
1. Jaganath Mishra V State of Orissa
2. Kesavan V State of Kerala
3. Shiyanandhan Baswan V State of Bihar
4. Asha Devi
5. Dwaraka das Bhatiya v State of JK
6. Sardar Singh V UOI – An army javan who was permitted to get only four bottles of
rum, got eleven bottles for which he was punished with 3m rigorous imprisonment
and dismissal from service. SC held the punishment to be severe and arbitrary.
7. Prathap Singh v state of Punjab
8. EP Royyappa V State of Tamilnadu
Privileges and immunities of state
1. UOI V Anglo-Afghan Agencies
2. MP Sugar Mills V State of UP
3. State of Punjab V Nestle products ltd
4. Thaniska trading company v State of UP
5. Maxey charam V Rohilkhand university
6. Dunken Campbell company Ltd
7. Conway V Rimmer
8. UOI V Sodhi Sukhdev Singh
9. Indhira Gandhi v Raj Narayan – though it is said that the administrative decisions are
final, it is still subjected to judicial review process. It is about the 39th amendment that
removed the clause that is capable of holding the elections void.
10. Manohar Lal v Narendra Modi
Tortious liability of the state
1. Adhyavathi v State of Rajasthan
2. Kasturi Lal v State of UP – in this case, police took under their custody Kasthuri lal
suspecting the gold he possessed in hand. He said he was a gold smith but then also he
was arrested and his gold was under the police custody which was stolen by another
constable. In this case the govt is not liable as it is a sovereign function.
3. Satyavathi v UOI
4. Kathri v state of bihar
5. Rudhsar v state of Bihar
Binding nature of state
1. Director of ration v corporation of Kolkata
2. Superintendent of remembrance of legal office V Corp of Kolkata
Natural justice
Pecuniary, departmental bias, Bias everything
Institutional decisions
Judicial control of administrative discretion
Audi alterem partem
Right to cross examination
Right to legal representation
Post decisional hearing
Exclusion of report
Exclusion, waiver of audi alterem partem
Notice
Acting mechanically
Self imposed fetters
Subdelegation of power
Acting under dictation
Abuse of discretion
Irrelevant consideration
Mixed consideration
Doctrine of proportionality
Malafide exercise of power
Privileges and immunity of the state
Tortious liability of the state
Contractual liability of the state
Substantive and procedural law