OM PRAKASH CHAUTALA versus KANWAR BHAN AND OTHERS

OM PRAKASH CHAUTALA versus KANWAR BHAN AND OTHERS

Adverse remarks and directions against the appellant, who was not a party to the proceedings and whose conduct was not necessary to decide the lis, violated principles of natural justice and Article 21; such remarks must be expunged.

Parties
Appellant: OM PRAKASH CHAUTALA; Respondent: KANWAR BHAN
Jurisdiction
India
Judgment Date
31 January 2014
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment in LPA No. 1456 of 2009 Following Single Judge in CWP No. 12384 of 2008, Supreme Court Decision
Outcome
Appeal allowed
Legal Topics
Reputation Under Article 21, Natural Justice, Judicial Restraint, Expunction of Adverse Remarks
Constitutional Law Administrative Law Reputation Under Article 21 Natural Justice Judicial Restraint Expunction of Adverse Remarks

Case Brief

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Parties

OM PRAKASH CHAUTALA

Appellant

KANWAR BHAN

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment in LPA No. 1456 of 2009 Following Single Judge in CWP No. 12384 of 2008, Supreme Court Decision

Legal Issues

  1. 1 Whether adverse remarks against a person not party to a case should be expunged when not necessary for decision and without opportunity for explanation
  2. 2 Whether High Court’s directions concerning recovery of interest/costs from a non-party violate principles of natural justice

Ratio Decidendi

Adverse remarks and directions against the appellant, who was not a party to the proceedings and whose conduct was not necessary to decide the lis, violated principles of natural justice and Article 21; such remarks must be expunged.

Court Disposition

Appeal allowed

Orders

  • Adverse remarks and directions affecting the appellant's reputation expunged.
  • No order as to costs.