LIJDLR

Natural Justice

COMPETITION COMMISSION OF INDIA V. SCHOTT GLASS INDIA PVT. LTD., (2025) 13TH MAY, SUPREME COURT OF INDIA; CIVIL APPEALS 5843 & 9998 OF 2014

Volume III Issue II /

COMPETITION COMMISSION OF INDIA V. SCHOTT GLASS INDIA PVT. LTD., (2025) 13TH MAY, SUPREME COURT OF INDIA; CIVIL APPEALS 5843 & 9998 OF 2014 Akshara Gupta, 4th Year, SCHOOL OF LAW, GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.69 This Supreme Court ruling in CCI v. Schott Glass India Pvt. Ltd. (2025 INSC 668), passed by a division bench of Vikram Nath and Prasanna B. Varale, was with regard to charges under Section 4 of the Competition Act, 2002. Kapoor Glass India Pvt. Ltd. charged Schott India with abuse of its dominant market position by exclusionary volume and functional rebates, an anti-competitive long-term supply agreement (LTTSA) with Schott Kaisha, and tying clear and amber tubing. The Competition Commission of India (CCI) had penalized but the order was set aside by the Competition Appellate Tribunal (COMPAT) based on insufficient evidence and procedural defects. In appeal, the Supreme Court affirmed COMPAT’s conclusion. The Court underscored the importance of effects-based harm analysis in cases of abuse of dominance. It held that Schott India’s rebates were not exclusionary on equal terms and were justified by the need for operations. The LTTSA between Schott Kaisha and the LTTSA was neither exclusionary nor predatory because Schott India did not have any presence in the downstream market. Tying and NGC and NGA were denied on the grounds of technical and economic continuity of products. Most importantly, the Court denounced the refusal of cross-examination to Schott India as a travesty of natural justice. Without validated evidence, the Commission’s conclusion was not legally viable. The judgment robusts due process in competition law enforcement and conforms to international antitrust standards.

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AUDI ALTERAM PARTEM AND BEYOND: NATURAL JUSTICE PRINCIPLES IN THE UNITED KINGDOM AND INDIA

Volume III Issue I /

AUDI ALTERAM PARTEM AND BEYOND: NATURAL JUSTICE PRINCIPLES IN THE UNITED KINGDOM AND INDIA Shubham Rohila, LLM (Business & Corporate Law), GNLU, Gandhinagar. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.7 The principles of natural justice, encapsulated in the maxims Audi Alteram Partem (right to a fair hearing) and Nemo Judex in Causa Sua (rule against bias), serve as foundational pillars of procedural fairness in common law systems. This article undertakes a comparative analysis of these principles in the United Kingdom and India, tracing their evolution from common law origins to their constitutional and jurisprudential significance in contemporary governance. In the UK, landmark cases such as Ridge v Baldwin (1964)[1] and Dimes v Grand Junction Canal (1852)[2] established the necessity of fair hearings and impartial adjudication, reinforcing procedural integrity in administrative actions. India’s judiciary, however, has uniquely constitutionalized natural justice through expansive interpretations of Articles 14 (equality) and 21 (life and liberty) of the Constitution, as exemplified in Maneka Gandhi v Union of India (1978)[3] and A.K. Kraipak v Union of India (1970)[4]. The study identifies divergent challenges: the UK grapples with balancing national security imperatives against fairness, while India confronts systemic judicial delays and accessibility barriers for marginalized communities. Emerging issues such as AI-driven decision-making and globalization’s impact on cross-border justice are critically examined, highlighting risks to transparency and accountability. The article argues that India’s constitutional framework fosters judicial activism, extending natural justice to administrative realms, whereas the UK adopts a restrained approach, particularly in security-sensitive contexts. Recommendations include mandating algorithmic transparency, strengthening tribunal reforms, and harmonizing domestic practices with international human rights norms. By bridging historical jurisprudence with modern governance challenges, this analysis underscores the enduring relevance of natural justice in safeguarding equity, impartiality, and public trust across evolving legal landscapes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 123-155. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION

Volume I Issue III /

ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION Janani Gayathri. B. J, Student at School of excellence in law, Tamil Nadu Dr Ambedkar Law University. Download Manuscript ABSTRACT A Non-governmental organisation is a voluntary association of people who engage in some social works. The Ngo’s do not concentrate on the profits. The Ngo’s are formed based on an objective; these objectives are basically welfare oriented in nature. These Ngo’s have their own rules, regulations and bye laws based on which they carry out their affairs. The financial support for these Ngo’s are rose through collecting funds from public, donations from various companies, funds from various international organizations and etc. In recent trends the Ngo plays an important role in the political and economic sphere of a nation and these Ngo’s have a role to play in the international politics as a pressure group or as an interest group or as the voice of public i.e public opinion, in India it is considered to be an effective tool in raising issues in the name of public opinion. The typical structure of an Ngo is similar to that of the company where a group of people known as trustees/boards hold the position similar to that of the directors. The non-governmental organization has a detailed delegation of their authority from the top board to the member of the organization. The Ngo’s are recognized as a citizen in India and possess the rights to file a writ petition. The growth of Ngo as a whole has seen a tremendous impact in the way of governance and in the minds of the people. This proved to be a 4th branch of the government in the modern world.  Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 70- 84. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT A FOCUS ON MINIMIZING POTENTIAL RISKS BY PROCEEDING UNDER A BILATERAL OR MULTILATERAL TREATY INSTEAD OF A CONTRACT IMPACT OF ARTIFICIAL INTELLIGENCE ON LABOR RIGHTS AND JOB DISPLACEMENT

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EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM

Volume I Issue II /

EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM Pranshutosh Kumar, 3rd Year, BA LL.B , University of Petroleum and energy Studies. Download Manuscript ABSTRACT The obstacles faced by manual document copying throughout the 16th century gave rise to the best evidence rule, a fundamental rule in legal procedures. The Best Evidence Rule is founded on the notion that using the original writing, recording, or photograph is the “best” way to prove the veracity of the evidence’s contents. In order to comply with the principle of natural justice, it is important to make sure that litigants give the court the best possible evidence in a way that reduces the burden of proof on the court. The Best Evidence Rule of the Indian Evidence Act is applicable to a variety of types of evidence, including written records, digital data, audiovisual materials, and more. Sections 91 to 100 give documented evidence priority in order to prevent potential errors, omissions, or distortions that may occur when relying simply on oral testimony. Oral testimony is important in many various sorts of legal proceedings, but it is not often regarded as the best proof when the content of a document is in question. Oral testimony and documentary evidence are the two basic categories of evidence recognized under the Indian Evidence Act. For the purpose of settling legal disputes, it is essential to comprehend how these various sorts of evidence vary in terms of their nature and content. Sections 91 to 100 of the Indian Evidence Act promote the principle that only the most convincing evidence should be presented in court. There are some exceptions to the “best evidence” standard, including [loss or destruction of the original document, proof of content by oral evidence, etc.] However, oral proof cannot take the place of written evidence like written testimonies when those records already exist. Compared to oral evidence, written evidence is regarded as being more conclusive and reliable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 329- 336. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION

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UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY

Volume I Issue II /

UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY Mayank Khichar, Student at National Academy of Legal Studies And Research (NALSAR) University, Hyderabad. Download Manuscript ABSTRACT The case comment provides a detailed analysis of the legal implications and consequences of the court’s decision. It examines the arguments presented by the TVS Motor Company and the workman, Rudresha, and evaluates their strengths and weaknesses. The analysis also considers alternative viewpoints and approaches that could have been considered by the court. Furthermore, the case comment discusses the key issues raised in the case, including negligence on the part of Rudresha and his alleged insubordination towards superior officers. The analysis delves into the principles of natural justice, the significance of a fair domestic enquiry, the requirement for specific and supported charges, and the proportionality of the disciplinary action imposed. To support the analysis, relevant precedents and case laws are referenced, highlighting the interpretation of “loss of confidence” as a ground for termination. The case comment critically evaluates the strengths and weaknesses of both sides and proposes alternative viewpoints that could have been considered by the court. The novelty of this case comment lies in its comprehensive analysis of the recent judgement, exploring its legal implications and offering alternative perspectives beyond existing literature. The practical utility of this submission lies in its guidance for employers and employees facing termination based on loss of confidence, ensuring adherence to principles of natural justice and promoting fair and objective decision-making. Type Information Case Analysis LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 229 – 239. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL

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