AUDI ALTERAM PARTEM ESSAY

In an oral hearing, the adjudicatory authority is obligated to give the person concerned opportunity to produce evidence on behalf of the affected person may amount to breach of natural justice by the authority concerned. If the order is passed by the authority without providing the reasonable opportunity of being heard to the person affected by it adversely will be invalid and must be set aside as in the cases of Harbans Lal v. Thus it connotes the sense of information, intelligence or knowledge. There are three types or elements of bias; Pecuniary bias, Personal bias and Policy bias. Generally, this maxim includes two elements:

The rule of natural justice has evolved with the growth of civilization. Retrieved from ” https: It is actually not regarded as an obligatory part of natural justice in all cases. However, the above rule of fair hearing requires that the affected party should be given an opportunity to meet the case against him effectively and this may also be achieved by providing opportunity to the affected person by making ‘written representation’ instead of oral or personal hearing as was provided in the case of Union of India v. Please Drop Your Comments. The rule of natural justice has evolved with the growth of civilization.

Legalising Alteeam in India. A pecuniary interest, however small, in a controversy disqualifies a person from acting as a judge. If the notice does not specify the action proposed to be taken, it is taken as vague and, therefore, no proper as in case of Abdul Latif v.

Audi Alteram Partem

But the right to be heard would be of little avail if the counsel were not allowed to appear, as everyone is not articulate enough to present his case.

All about Corporate Law. Union of Indiaesssy Supreme Court made a statement that 19 the fine distinction between the quasi-judicial and administrative function needs to be discarded for giving a hearing to the affected party.

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The test of the adequacy of the notice will be whether it gives the sufficient information and material so as to enable the person concerned to prepare for his defence.

Natural Justice Essay

If you need this or any other sample, we can send it to you via email. SIT approved certain scheme and applied edsay the Governor-in-Council for approval. A person may be allowed to inspect the file and take notes.

The cross-examination of the witnesses is not regarded as an obligatory part of natural justice. As regards the detention under any law providing for preventive, Clause 5 of Article 22 provides that in such condition the making the order for such detention must, as soon as may be, communicate to the detenue the grounds on which the order has been made and must give him the earliest opportunity of making a representation against the order.

If the notice is inadequate, the decision will be invalid as it is against the natural justice. This principle includes the rights of a party or his lawyers to confront the witnesses against him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one’s own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one’s case properly. Every person has the right to speak and be heard when allegations are being put towards him or her.

It is not necessary that the procedures of hearing must be like that of the proceedings followed by the regular courts. If it only contains the charges but not the ground or time or date, then the notice must be held invalid and vague.

audi alteram partem essay

ausi Please Drop Your Comments. The principles of natural justice have been developed and followed by the judiciary to protect the right of the public against the arbitrariness of the administrative authorities.

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Audi Alteram Partem

Sorry, but copying text is allteram on this website! There is, therefore, a bewildering variety of administrative procedure. The reason essaay the flexibility of natural justice is that the concept is applied to a wide spectrum of the decision-making bodies. Vijay Shankar, Ram Krishna Verma vs. The notice must be given a reasonable opportunity to comply with its requirements.

Aeschylus,The Eumenides, 4. Cross examination is a very important weapon to bring out the truth.

audi alteram partem essay

Similarly, in Hira nath mishra v. In Charan Lal Sahu vs. Under this doctrine, both the parties have the right to speak. Before taking any action the adjudicatory authority has to keep in mind the several considerations. Nevertheless, if the legislative exclusion is arbitrary, unreasonable and unfair, courts may quash such a provision under Art.

The principle that bias disqualified an individual from acting as an adjudicator flows from two fundamental maxims; a man should not be a aud in his own cause; and justice must not only be done but be seen to be done.

Audi alteram partem – Wikipedia

Section 33 of the Indian Evidence Act,provides for the rights of the parties to cross-examin. A statute can exclude natural justice either expressly or by necessary implication. The SC rejected the HC judgment and held that in this situation, conducting hearing is impossible as thousand notices have to be issued and everyone must be given an opportunity of hearing, cross-examination, rebuttal, presenting evidences etc.

The notice means an adequate notice as regards the details of the case against the party.