Natural justice is the concept of common law which implies fairness, reasonableness, equality and equity. Section 33 of the Indian Evidence Act, , provides for the rights of the parties to cross-examin. Non-issue of the notice or any defective service of the notice do not affect the jurisdiction of the authority but violates the principle of natural justice. All these things should be included in a notice to make it proper and adequate. The courts, in order to look into the reasonableness of the opportunity, must keep in mind the nature of the functions imposed by the statute in context of the right affected. Rebuttal can be done either orally or in written, provided that the statute does not provide otherwise.
Ownership and Assignment of Rights Copyright, a unique intellectual property meant for The High Court held that there had been a denial of natural justice when the applicant was not allowed to call his essential witnesses to adduce evidence at the hearing and was therefore denied a reasonable opportunity of presenting his case. The meaning of the maxim itself says no person shall be condemned unheard. Did you find this blog post helpful? In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
State of Bombay and in another case of Krishna Chandra v. Union of Indiathe denial audo legal representation will audj of violation of natural justice because in such conditions the party may not be able to understand the question of law effectively and, therefore, he should be given an opportunity of being heard fairly. On the same logic, principles of natural justice can also be excluded by a provision of the Constitution also.
Any proceeding taken against a person without adequate notice to him infringes natural justice and is thus invalid. Right to present case and evidence. Baldwinthe applicability of natural justice to the quasi-judicial bodies took place.
The second fundamental principle of natural justice is audi alteram partem, i. The meaning of the maxim itself says no person shall be condemned unheard. But the courts have several times reiterated that the administrative agencies 3 must follow a minimum of fair procedure, while exercising pxrtem powers. It is the first principle of the civilised jurisprudence that a person facing the charges must be given an opportunity to be heard, before any decision is taken against him.
It is a sine qua non of the right of fair hearing. The project focuses on the rule of fair hearing, which is one of the essential rules of the Natural Justice. The notice was not proper and, therefore, imposition of penalty alteeam invalid.
It is the sine qua non of the right of hearing. Right to know the evidence against him. State of Jammu and Kashmir v.
Audi alteram partem – Wikipedia
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.
Even where cross-examination of witnesses is allowed, the authority may refuse to permit unnecessary cross-examination of a witness. We’ll occasionally send you account related and promo emails. Natural justice has two main components; the rule of hearing or rights to be heard or audi alteram partem and the rule against bias or nemo-judex in causa sua. Fairly speaking, the representation through a lawyer in the administrative adjudication is not considered as an indispensable part of the fair hearing.
This is the first principle of civilized jurisprudence and is accepted by laws of men and god. The principle is not confined to formal evidence but extends to any material including information regarding previous conviction, upon which the Tribunal may act, without giving opportunity to the affected party to rebut it.
Tracing the Need for the Application of the Doctrine ‘Audi Alteram Partem’ in Legal Service
The rule of natural justice has evolved with the growth of civilization. But such situations where nothing unfair can be inferred by not affording a fair hearing must be few and exceptional in every civilized society. He claimed the right to cross-examin the witnesses on the ground of natural justice.
Many of the students approached the Patna HC challenging it on the ground that before parrem of exam, no opportunity of hearing was been given to the students. Remember me on this computer. Natural justice is implied by the Courts when the parent statute under which an action is being taken by the Administration is silent as to its application.
Audi Alteram Partem
Sunan Abu Dawud Vol. Thus, the charges on which the penalty was imposed were not contained in the notice served on the person concerned. It is the duty of the authority who will ensure that the affected party may be given an opportunity of oral or personal hearing if the context requires otherwise. But the right to be heard would be of little avail if the counsel were not allowed to appear, as everyone paftem not articulate enough to present his case.
Notice embodies the rule of fairness and must precede an adverse order. Thus in the case of Keshav mills Co. The notice was held to be inadequate.