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Miscellaneous Articles

RATTAN ADVOCATES | > Miscellaneous Articles

Principles of Natural Justice

Audi alteram partem         The basic principle of natural justice is that no person should be condemned unheard. It is the cardinal principle of natural justice that no person should be deprived of a right of hearing before passing any order adverse to him. M/s Mumtaz Ahmad Ghulam Ahmad V. The Commissioner of Sales Tax, UP, (Lucknow), STI 1986 All. HC 238. Natural justice demands that a person must be heard if he is prejudicially affected by the order or the decision. Before deciding the case, the authority should give the person likely to be affected an opportunity of being heard to defend or explain his position. This opportunity should not be a mere formality but a reasonable opportunity. The maxim audi alterm partem has many facts which have been discussed below:- Reasonable opportunity of being heard – A reasonable opportunity means an adequate opportunity and it presupposes that the person against whom charge is leveled should be told with sufficient particularity and preciseness what the charge is and what the allegations are, on which the charge is based. It is also observed that affording of opportunity is not an empty formality which has to observed lightly but should be...

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