AUDI ALTERAM PARTEM ESSAY

Right to know the evidence against him. The reason for the flexibility of natural justice is that the concept is applied to a wide spectrum of the decision-making bodies. The Supreme Court held that a member of a decision making body cannot be both a party and a judge in the same dispute. There are many cases where this principle of natural justice is excluded, and no option is given to the party to speak. Views Read Edit View history.

Rajendra medical College, Ranchi , some male 25 students of medical college entered the girls hostel and misbehaved with the girls. The right to notice means the right of being known. Types of Writs In Indian Constitution The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Lectures on administrative law – C. Unless a person knows about the subjects and issues involved in the case, he cannot be in the position to defend himself. Founder August Horch had left his previous company, Motorwagenwerke , after a dispute with partners and founded a new company on 16 July , initially named the August Horch Automobilwerke GmbH. The norms of natural justice are based on two ideas:

Audi alteram partem is the rule which requiring fair hearing. The hearing procedures vary from the tribunal, authority to authority and situation to situation.

audi alteram partem essay

Aeschylus,The Eumenides, 4. Subhash Chandrathe Board conducted final tenth standard examination. If it transpires later that action was taken on a ground which had not been taken communicated to him earlier than the action will be invalid.

Before the court, both the parties are equal and have an equal opportunity to represent them. Natural justice has two main components; the rule of zudi or rights to be heard or audi alteram partem and the rule against bias or nemo-judex in causa sua.

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audi alteram partem essay

The second ingredient of audi alteram partam hear the other side rule is the rule of hearing. The principle of natural justice comes into force when no prejudice is caused to anyone in any administrative action. The fourth element is reasoned decision.

But in some cases, the administrative agencies are left free to device their own 2 procedure. The complainants were examined but not in presence of the boys.

Natural Justice Essay Example for Free – Sample words

This fair procedure is called the principles of natural justice. In Inter- Disciplinary action like suspension etc. The Board unsatisfied with the decision of the Court approached the SC.

Under this doctrine, both the parties have the right to speak. But the adjudicatory bodies functioning outside the purview of the regular court hierarchy are not subject to a uniform statute governing their proceedings. Login with your social accounts: By using alterxm site, you agree to the Terms of Use and Privacy Policy.

Audi alteram partem – Wikipedia

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. It should be clear enough to give the party enough information of the case he has to meet. Relation between Pleadings and Principles of Natural Justice. Therefore, if the right to be heard will paralyze the process, law will exclude it.

Audi Alteram Partem

It is against natural justice to call upon the concerned person to show cause immediately and to permit him no time to consider the charges against him. This ensures a fair hearing and fair justice to both the parties. In Mohinder Singh Gill vs.

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audi alteram partem essay

In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him. Being uncodified, the natural justice does not have a uniform definition. It was held that where the written submission is allowed, there is no violation of natural justice, if the oral hearing is not granted.

It varies from situation to situation. The notice must be adequate also. The Lord Chancellor who was a shareholder in the company heard the case and gave the desired relief to the company.

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. The order was quashed.

Tracing the Need for the Application of the Doctrine ‘Audi Alteram Partem’ in Legal Service

The adjudicatory authority does not know whether the accused is innocent or not. Section 33 of the Indian Evidence Act,provides for the rights of essy parties to cross-examin. It is ultimately for the court to decide whether the procedure adopted in a specific situation accords with natural justice or not.