M/S. BHARAT BARREL & DRUM MFG. CO. versus L. K. BOSE & ORS.

M/S. BHARAT BARREL & DRUM MFG. CO. versus L. K. BOSE & ORS.

Refusal to record oral evidence did not breach natural justice as the appellant was given fair opportunity through counsel; the challenged findings were supported by evidence and did not constitute error apparent on the record.

Source-derived case information.

Parties
Appellant: M/s. Bharat Barrel & Drum Mfg. Co.; Respondent: L. K. Bose; Respondent: Amichand Pyarelal & Co.
Jurisdiction
India
Judgment Date
05 October 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 24, 1964 of the Calcutta High Court in Appeal From Original Order No. 269 of 1963
Outcome
Appeal dismissed
Legal Topics
Natural Justice: Right to Be Heard, Procedural Fairness, Judicial Review
Administrative Law Natural Justice Natural Justice: Right to Be Heard Procedural Fairness Judicial Review

Source-derived case record

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Parties

M/s. Bharat Barrel & Drum Mfg. Co.

Appellant

L. K. Bose

Respondent

Amichand Pyarelal & Co.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 24, 1964 of the Calcutta High Court in Appeal From Original Order No. 269 of 1963

Legal Issues

  1. 1 Whether refusal to allow appellant to examine a witness constituted violation of natural justice
  2. 2 Whether the Controller's order suffered from an error apparent on the face of the record
  3. 3 Whether the Controller’s finding that appellant wanted to pick and choose the goods was without evidence

Ratio Decidendi

Refusal to record oral evidence did not breach natural justice as the appellant was given fair opportunity through counsel; the challenged findings were supported by evidence and did not constitute error apparent on the record.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs; each party to bear its own costs