On Malafide : A View of Supreme Court
An important Judgment was passed by Hon'ble Supreme Court on 2 April 1991.
It has been commented at page 29 of State of Bihar v P.P. Sharma [1991] GCtR 2750 (SC) thus : -
"It is a settled law that the person against whom mala fides or bias was imputed should be impleaded co nominee as a party respondent to the proceedings and given an opportunity to meet those allegations. In his/her absence no enquiry into those allegations would be made. Otherwise it itself is violative of the principles of natural justice as it amounts to condemning a person without an opportunity."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 2 April 1991.
Written by
Vishal
Delhi
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