#Right to Fair Hearing

The Madhya Pradesh High Court has ruled that a petitioner’s failure to effectively cross-examine witnesses due to poor legal representation does not forfeit their right to a fair hearing. The court ordered the Motor Accident Claims Tribunal to allow recall of witnesses upon payment of costs, reinforcing that procedural fairness trumps technical defaults in adversarial proceedings.

Madras High Court rules that appellate courts cannot dismiss criminal appeals for default without reviewing trial records or appointing amicus curiae, especially in cases involving personal liberty. The judgment reinforces the duty of appellate courts to adjudicate on merits, aligning with Supreme Court precedents on natural justice and fair hearing.

The Punjab & Haryana High Court has ruled that striking off a defendant’s defence for failing to file a written statement violates natural justice unless a reasonable opportunity is granted first. This reinforces that procedural fairness under the CPC is non-negotiable, especially when fundamental rights to defend one’s case are at stake, affecting litigants across civil suits in trial courts.

The Rajasthan High Court ruled that prolonged delays by administrative authorities in deciding license renewal applications infringe upon the right to a fair hearing under Articles 14 and 21 of the Constitution. The Court directed the District Collector, Sirohi, to dispose of the petitioner's representation within six weeks, emphasizing the need for timely and reasoned orders to prevent procedural injustice. This ruling reinforces the obligation of public bodies to adhere to natural justice principles in agency-related matters.

Madras High Court rules that criminal appeals against conviction cannot be dismissed summarily for non-appearance, mandating merits-based disposal under Sections 385-386 BNSS.

Madhya Pradesh High Court holds that undue delay in deciding representations violates Article 21. Competent authority must decide within 60 days in light of settled precedent.