Courts to Ignore Violation of Principles of Natural Justice If Only One Outcome Is Possible in Facts of the Case
Case: Pt. B.D. Sharma University of Health and Sciences v Kavita and others
Coram: Justice Sudhir Mittal
Case No.: CWP-14120-2021
Court Observation: “If the facts are such that only one result is possible then even if principles of natural justice have been violated the Court will ignore the same,”
“Nothing material could have been elicited in cross-examination and nothing useful could have been brought on record even if opportunity to lead evidence had been specifically granted. Even before this Court nothing has been averred or argued to establish that respondent No. 1 had a legal right to retain possession after expiry of a period of licence.”
“Respondent No. 1 is undisputedly a licensee. She has exploited the loopholes in the law to retain possession of the shop in dispute for over 10 years in excess of the license period. There is, thus, no equity in her favour. Zimni orders dated 19.02.2013 onwards show that time was sought for cross-examination of the witness of the petitioner for over 50 dates and, thus, the argument that on 14.11.2019 the matter was adjourned for arguments and no opportunity of cross-examination was granted is completely misplaced. An error in the language is sought to be exploited. Had she been serious about the cross-examination and about an opportunity to lead evidence, an application could very well have been filed for the purpose, but no such attempt was made.”
“The “useless formality” theory is clearly applicable in this case because respondent No. 1 could not have elicited anything substantial by way of cross-examination nor could she have led any evidence to protect her possession. The attempt is clearly to prolong the litigation so as to retain possession of the shop in dispute without there being any right to continue in possession. 12. The order of the appellate authority, thus, can not be sustained in law and is, accordingly, set aside.”
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Keywords
Violation of Principles of Natural Justice
