By Adv. Shriya Maini.
First Part of this Series, can be accessed here.
Second Part of this Series, can be accessed here.
Third Part of this Series, can be accessed here.
- Where no right of the person is infringed
Where no right has been conferred on a person by any statute nor any such right arises from Common Law, the Principles of Natural Justice are not applicable. This can be illustrated by the decision of the Supreme Court in J.R. Vohra v. Indian Export House (P) Ltd., wherein the Delhi Rent Control Act made provisions for the creation of limited tenancies. More specifically, Sections 21 and 37 of the Act provided for the termination of limited tenancies. The combined effect of these Sections was that after the expiry of the term a limited tenancy could be terminated and warrants of possession could be issued by the authority to the landlord without giving any notice of hearing to the tenant. Upholding the validity of warrants of possession without complying with the Principles of Natural Justice, the Supreme Court held that after the expiry of the period of any limited tenancy, a person had no right to stay in possession and hence, no right of his was prejudicially affected which could warrant the application of the Principles of Natural Justice. (more…)