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january 1971

Supreme Court of India · 1971-01-21

UNION OF INDIA vs JYOTI PRAKASH MITTER

Citation / case number
SC 1968/60039
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
JYOTI PRAKASH MITTER
Bench
SHAH, J.C. (CJ)

Judgment text excerpt

The Supreme Court held that Article 217(3) of the Constitution mandates the President to determine the age of a High Court Judge after consulting the Chief Justice of India. The Court emphasized that the principles of natural justice require that the affected party must be given a personal hearing when significant decisions regarding their rights are made. In this case, the respondent's request for an oral hearing was not adequately addressed, leading to a violation of natural justice principles, thus necessitating a reconsideration of the procedure followed by the President.

UNION OF INDIA vs JYOTI PRAKASH MITTER · Niyam