These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
Attestation under Transfer of Property Act, 1882.
Meaning, example, meaning under section 3 of transfer of property act, Essentials of a valid attestation, Attesting witness, registrar as attesting witness, mode of attestation, legal effect of attestation, party interested in the transaction.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
Attestation under Transfer of Property Act, 1882.
Meaning, example, meaning under section 3 of transfer of property act, Essentials of a valid attestation, Attesting witness, registrar as attesting witness, mode of attestation, legal effect of attestation, party interested in the transaction.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
LLB LAW NOTES ON ADMINISTRATIVE LAW
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HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
LLB LAW NOTES ON ADMINISTRATIVE LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This PowerPoint presentation is a brief about the Writ of Mandamus. The PPt covers the crux of the writ of Mandamus, its types, its advantages, who and against whom it can be filed, and more. This presentation on writ of Mandamus is covered under Administrative Law
Child protection- Social action litigation as a catalystNilendra Kumar
Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
Question 1. List and describe three rules of natural justice, provid.pdffathimaoptical
PROBLEM I. A nightclub manager realizes that demand for drinks is more elastic among
students and tries to determine the optimal pricing schedule. Specifically, he estimates that the
demand functions are given by g.-30-6P1 for students and = 24-4p for non-students. Assume that
drinks cost the nightclub S2 each. Q1. If the market cannot be segmented, what is the uniform
monopoly price? (a) $3.10 (b) $3.30 (c) S3.50 (d) S3.70 (e) S4.20 Q2. If the nightclub can
charge according to whether or not the customer is a student but is limited to linear pricing, what
price (per drink) should be set for students? (a) $3.10 (b) S3.25 (c) $3.40 (d) S3.50 (e) $3.80 Q3.
Under the same conditions of Q2, what price (per drink) should be set for non-students? (a) s3.80
(b) $4.00 (c) S4.30 (d) $4.60 (e) $5.20
Solution
(Q1) (d)
Without segmentation, p1 = p2 = p
q1 = 30 - 6p
q2 = 24 - 4p
Market demand: q = q1 + q2 = 30 - 6p + 24 - 4p
q = 54 - 10p
10p = 54 - q
p = 5.4 - 0.1q
Profit is maximized when Marginal revenue (MR) equals Marginal cost (MC).
Total revenue (TR) = p x q = 5.4q - 0.1q2
MR = dTR/dq = 5.4 - 0.2q
Equating with MC,
5.4 - 0.2q = 2
0.2q = 3.4
q = 17
p = 5. - (0.1 x 17) = 5.4 - 1.7 = $3.7
(Q2) (d)
With segmentation, profit is maximized when MR1 = MC and MR2 = MC
For students,
q1 = 30 - 6p1
6p1 = 30 - q1
p1 = (30 - q1) / 6
TR1 = p1 x q1 = (30q1 - q12) / 6
MR1 = dTR1/dq1 = (30 - 2q1) / 6
Equating with MC,
(30 - 2q1) / 6 = 2
30 - 2q1 = 12
2q1 = 18
q1 = 9
p1 = (30 - 9) / 6 = 21 / 6 = $3.5
(Q3) (b)
For non-students, q2 = 24 - 4p2
4p2 = 24 - q2
p2 = 6 - 0.25q2
TR2 = p2 x q2 = 6q2 - 0.25q22
MR2 = dTR2/dq2 = 6 - 0.5q2
Equating with MC,
6 - 0.5q2 = 2
0.5q2 = 4
q2 = 8
p2 = 6 - (0.25 x 8) = 6 - 2 = $4.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
These slides are regarding Ratio decidendi, a topic from judicial process.What is ratio. Ratio decidendi. Definitions. Hierarchy of English court. Difference between ratio decidendi and obiter dicta. Shades of meaning to the expression ratio decidendi.
The Role of Ratio Decidendi in Judicial Precedent. Rules of ratio decidendi. When precedent has multiple reasons. Where there are multiple judges. Determination of ratio decidendi. Ratio decidendi in Indian Scenario. Stare decisis and Article 141 Overruling Conclusion.
The doctrine of judicial precedent developed in common-law legal system centered on the notion of ratio decidenti of a case. According to the preliminary statement of the English rules of precedent, every court is bound to follow any case decided by a court above it in the hierarchy and appellate courts(other than House of Lords) are bound by their previous decisions. The decision or judgement of a judge may fall into two parts: The ratio decidendi (reason for the decision) Obiter dictum(something said which is not part of the judgement or said by the way).
What is ratio? • Meaning of ratio is the measure of a quantity in terms of another and decidendi means decision. • Ratio is a ruling on a point of law and the decision on a point of law depends on facts of a case. Culling out / obtaining ratio from a judgment is difficult. • A thorough reading of an entire judgment is required to identify a ratio. • Essence of the decision is the ratio. Every observation found in a judgement is not the ratio.
RATIO DECIDENDI Ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes“. Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision".
7. DEFINITION • According to Salmond “the ratio decidendi may be described roughly as the rule of law applied by and acted on by the court, or the rule which the court regarded as governing the case." • Sir Rupert Cross defined the ratio decidendi as ”any rule of law expressly or impliedly treated by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him”(Precedent in English Law).
Ratio decidendi • Ratio decidendi ordinarily means the reason for deciding the case . The reason here is not; The fact of the case. The law that the case applies. The order of the case.
HIERARCHY OF ENGLISH COURTS
MAGISTRATES COURTS TRIBUNALS COUNTY COURT HIGH COURT SUPREME COURT (House of Lords) COURT OF APPEAL CROWN COURT CIVIL CRIMINAL DIVISIONAL COURT
EVOLUTION OF LEGAL EDUCATION IN INDIA: DIFFERENT PHASESsebis1
These slides are regarding legal education in india.
The encyclopaedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institution.’ Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business. • Legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all.
Legal education is the preparation for the practice of law. Law is a special calling demanding high quality of study and research and commitment to the cause of justice. Law is the foundation of every society or a nation. Legal Education of the people is a sine qua non. Legal Education does not only create law- abiding citizens, but also produces brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists.
Legal education in India generally refers to the education of lawyers before entry into practice. • Legal education derives its impetus from the economic, social and political set up of the society. • Legal education is a human science which furnishes beyond techniques, skills and competences the basic philosophies, ideologies, critiques, and instrumentalities for the creation and maintenance of a just society.The history of law links closely to the development of civilization. • Early Western legal education emerged in Republican Rome. • Initially those desiring to be advocates would train in schools of Rhetoric. • Around the third century BCE Tiberius Coruncanius began teaching law as a separate discipline.
His public legal instruction created a class of legally skilled non-priests or jurisprudents. • Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. • After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts.
Canon and ministerial law were studied in universities in medieval Europe. • However, institutions providing education in the domestic law of each country emerged later in the eighteenth century. • In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training.
English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. • Even from common roots, the United States and the United Kingdom developed very different systems for preparing lawyers for practice.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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3. INTRODUCTION
Administrative law is the body of
law that governs the activities of
administrative agencies of
government.
Administrative law deals with the
decision-making of administrative
units of government such as
tribunals, boards or commissions in
such areas as international trade,
manufacturing, taxation,
broadcasting, immigration and
transport.
Administrative law expanded greatly
during the twentieth century, as
legislative bodies worldwide created
more government agencies to
regulate the social, economic and
political spheres of human
interaction.
4. DEFINITION
Administrative law deals
with the powers and
functions of
the administrative
authorities, the manner in
which the powers are to
be exercised by them and
the remedies that are
available to the
aggrieved persons when
those powers are abused by
the authorities.
5. Jain and Jain –
Four aspects of
Administrative
Law.
Administrative Law deals
with mainly 4 aspects:
Composition and the powers of
administrative authorities.
Fixes the limits of the powers
of these authorities.
Prescribes the procedure to be
followed by these authorities
in exercising such powers.
Controls these administrative
authorities through judicial and
other means.
6. THE PRINCIPLES
OF NATURAL
JUSTICE
Natural justice is a
principle that is intended to
ensure law with fairness
and to secure justice.
The Principles of Natural
Justice have come out from
the need of man to protect
himself from the excesses
of organized power.
The Principles of Natural
Justice are considered the
basic Human Rights
because they attempt to
bring justice to the parties
naturally.
7. THREE BASIC PILLARS
Three core points in the concept of principles of
natural justice include:
Nemo in propria causa judex, esse debet - No
one should be made a judge in his own case,
or the rule against bias.
Audi alteram partem - Hear the other party, or
the rule of fair hearing, or the rule that no one
should be condemned unheard.
Speaking order or reasoned decision-
Speaking order means an order which
contains reasons for the decision.
No system of law can survive without these three
basic pillars.
8. AUDI ALTERAM
PARTEM
MEANING
‘’Audi alteram partum means ‘‘hear
the other side’’ or ‘‘no man should
be condemned unheard 'or ‘‘both the
sides must be heard before passing
any order’’.
This is the basic requirement of rule
of law.
10. AUDI
ALTERAM
PARTEM
“A party is not to suffer in
person or in purse without an
opportunity of being heard.’’
It is mainly applicable in
the field of administrative
action and is regarded as the
first principle of civilised
jurisprudence.
In short, before an order is
passed against any person,
reasonable opportunity of being
heard must be given to him.
12. (A) NOTICE
Before any action is taken, the affected party must
be given a notice to show cause against the
proposed action and seek his explanation.
Any order passed without giving notice is against
the principles of natural justice and is void ab
initio.
Before taking any action, it is the right of the
person to know the facts.
Without knowing the facts of the case, no one can
defend himself. The right to notice means the right
of being known.
The right to know the facts of the suit or case
happens at the start of any hearing. Therefore,
notice is a must to start a hearing.
13. A notice must contain the time, place and date of hearing,
jurisdiction under which the case is filed, the charges, and
proposed action against the person.
Whenever a statute makes it clear that a notice must be issued
to the party and if non compliance or failure to give notice
occurs, this makes the act void.
The notice should contain all the essentials to it. If it only
contains the charges but not the ground or time or date, then
the notice must be held invalid and vague.
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.
14. CASE LAWS
Keshav Mills Co. Ltd. v.
Union of India
(1973 AIR 389)
In this case, the court held that
notice is required to be clear and
unambiguous. If it is ambiguous or
vague, it will not be treated as
reasonable and proper notice.
15. Gupta v.
Union of
India (AIR
1989 SC
1393)
It was held that if a notice
regarding one charge has been
given, the person cannot be
punished for a different charge
for which no notice or
opportunity of being heard was
given to him.
16. V. Kumaran Erady v.
General Manager
(AIR 1994 Ker.118)
In this case, it was held that
disconnection of a telephone
without any valid notice to the
subscriber was violative of the
principles of natural justice.
17. (B) HEARING: -
ORAL OR
PERSONAL
HEARING.
The second ingredient of
Audi alteram partem (hear
the other side) rule is the
rule of hearing.
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.
18. A) The adjudicating
authority must give
full opportunity to
the affected person
to produce all the
relevant evidence in
support of his case.
19. CASE
LAW
Dhakeswari Cotton Mills v. CIT
(AIR 1955 SC 55)
• The petitioner was denied an
opportunity to produce some
books of account before the
income tax Appellate Tribunal.
The Supreme Court held that
refusal to give an opportunity
to produce evidence in his
favour amounted to a
violation of natural justice.
20. B) The adjudicating authority must
disclose all evidence or materials
placed before it in the course of
proceedings.
21. M.A. Jackson v. Collector of
Customs (1997 4 SCC 7)
A show cause notice was issued under the Customs Act
for alleged short levy of customs duty.
The authority relied on the price mentioned in a
magazine; but a copy of the magazine was not made
available to the petitioner.
The Supreme Court quashed the proceedings on the
ground that the adverse material, if not disclosed,
cannot be used against a person.
22. C) Any material or evidence
adduced by one party
cannot be utilised against
the other party unless the
opportunity to explain,
criticise or rebut the
evidence is given to the
other party.
23. Suresh
Koshy v.
University
of Kerala
(AIR 1970
SC 198)
The Vice- Chancellor had instituted an
inquiry into the charge of use of unfair
means by a student in the examination
and on the basis of the inquiry report,
the student was expelled from the
University.
The expulsion order was challenged on
the ground that a copy of the inquiry
report was not supplied to him. The
Supreme Court held that since a copy
was not specifically asked for by the
student, there was no breach of the
principles of natural justice.
24. D) The adjudicating authority who wants to
utilise an evidence against a person should
disclose it to the person against whom it is to
be utilised and give an opportunity to rebut
the same.
However the right to cross-examination of
the witnesses need not always be given to the
concerned person.
The right to cross-examination of the
witnesses depends upon the facts and
circumstances of each case and the statutory
provisions.
25. State of
Kerala v.
K.T. Shaduli
(1977 2SCC
777)
The returns filed by the respondent
assesse on the basis of his books of
account appeared to the Sales Tax
Officer to be incomplete and
incorrect.
The respondent applied to the Sales
Tax Officer for opportunity to cross-
examine the wholesale dealer which
was rejected by him.
Since the opportunity to cross-
examine the wholesale dealer was
not given to the respondent,
the Supreme Court held that the
decision of the Sales Tax Officer was
illegal.
26. E) Representation through counsel or an
advocate cannot be claimed as a part of
natural justice unless the said right is
conferred by the statute.
Some statutes specifically bar appearance of
lawyers before authorities constituted under
the Act.
When the statute is silent about legal
representation, the matter is left to the
discretion of the authority concerned.
If the issue involves complicated questions of
law and fact the authority should allow the
representation through an advocate.
27. Krishnachand v.
Union of India
( AIR 1974 SC
1589)
In this case, the
Supreme Court held
that if there is no legal
complexity and no oral
testimony is taken,
there is no need to
allow the right to legal
representation.
28. F) If hearing is not given by
the adjudicating authority to
the person concerned and the
principles of natural justice
are violated, the order is void
and it cannot be justified on
the ground that ‘no prejudice
was caused to the petitioner’
or that ‘hearing could not
have made any difference or
that no useful purpose would
not have been served.’
29. Board of High
School v.
Kumari
Chitra(1970 1
SCC 121)
In this case the board cancelled the
examination of the petitioner who had
actually appeared at the examination
on the ground that there was shortage
in attendance at lectures.
But no notice was given to her before
taking action. The order was
challenged as violative of the
principles of natural justice.
On behalf of the Board it was argued
that as the facts were not in dispute, no
useful purpose would have been served
by giving a show cause notice to the
petitioner.
30. • The Supreme Court rejected this argument and held that the
Board was acting in a quasi-judicial capacity and it must
observe the principles of natural justice. In this case, the
principles of natural justice were violated and the order of
cancellation of the examination was set aside.
31. Exceptions
To Audi
Alteram
Partem:
The general rule is that an
administrative authority
to whom judicial or quasi-
judicial power is
conferred must follow the
principles of natural
justice, while it exercises
the power. However ,
certain exceptions are
there and which include:
32. 1.Statutory
Exclusion:
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.
Omission to mention the right
of hearing in the statutory
provision does not ipso facto
exclude a hearing to the
affected.
33. A statute can exclude natural justice either expressly or by necessary
implication. However, such exclusions can be challenged under Art.14 which
means such an exclusion must be always justifiable.
In Charan Lal Sahu v. UOI 1990 1 SCC 613
The Bhopal Gas Disaster (Processing of Claims) Act, 1985, which had
authorized the Central Government to represent all the victims in matters of
compensation award, had been challenged on the ground that because the
Central Government owned 22 percent share in the Union Carbide Company
and as such it was a joint tort-feasor and thus there was a conflict between the
interests of the government and the victims.
Here, the court observed that even if the argument was correct the doctrine of
necessity would be applicable to the situation because if the government did not
represent the whole class of gas victims no other sovereign body could so
represent and thus the principles of natural justice were not attracted.
34. 2. Legislative
Function:
• A ground on which hearing may be
excluded is that the action of the
Administrative in question is
legislative and not administrative in
character.
• Legislative action, plenary or
subordinate, is not subject to the rules
of natural justice because these rules
lay down a policy without reference to
a particular individual.
• On the same logic, principles of
natural justice can also be excluded by
a provision of the Constitution also.
The Indian Constitution excludes the
principles of natural justice in Art. 22,
31(A), (B), (C) and 311(2) as a matter
of policy.
• Nevertheless, if the legislative
exclusion is arbitrary, unreasonable
and unfair, courts may quash such a
provision under Art.14 and 21 of the
Constitution.
35. 3. Impracticability:
Natural justice can be followed and
applied when it is practicable to do so but
in a situation when it is impracticable to
apply the principle of natural justice then
it can be excluded.
36. CASE LAW
Bihar School Examination Board v. Subhas Chandra
(AIR 1970 SC 1269)
In this case, the Board conducted final tenth standard examination.
At a particular centre, where there were more than thousand
students, it was alleged to have mass copying.
Even in evaluation, it was prima-facie found that there was mass
copying as most of the answers were same and they received same
marks.
For this reason, the Board cancelled the exam without giving any
opportunity of hearing and ordered for fresh examination, whereby
all students were directed to appear for the same.
37. • Many of the students approached the Patna HC challenging
it on the ground that before cancellation of exam, no
opportunity of hearing was been given to the students.
• The HC struck down the decision of the Board in violation of
Audi Alteram Partem.
• The Board unsatisfied with the decision of the Court
approached the SC.
• 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. which is not practicable at all.
• So, the SC held that on the ground of impracticability,
hearing can be excluded.
38. 4. Academic Evaluation: Where nature of authority is
purely administrative no right of
hearing can be claimed
39. Jawaharlal Nehru University v. B.S. Narwal
1980 AIR 1666
In this case, B.S Narwal, a student of JNU was removed from
the rolls for unsatisfactory academic performances without
being given any pre decisional hearing.
The Supreme Court held that the very nature of academic
adjudication appears to negative any right of an opportunity
to be heard.
Therefore, if the competent academic authorities examine
and asses the work of a student over a period of time and
declare his work unsatisfactory, the rules of natural justice
may be excluded.
40. 5. Inter-Disciplinary Action:
In Inter- Disciplinary action, there is no
requirement to follow the principle of
natural justice. For instance, suspension.
41. S.A Khan v. State of Haryana
AIR 1993 SC 1152
Mr. Khan an IPS Officer holding the post of Deputy Inspector
General of Haryana; Haryana Govt., was suspended by the
Haryana Government due to various complaints against him.
Thus, he approached the Supreme Court on the ground of
violation of PNJ as he was not given an opportunity to be
heard.
The SC held that the suspension being interim-disciplinary
action, there is no requirement to afford hearing. It can be
ordered without affording an opportunity of hearing.
42. CONCLUSION
The principle of natural justice has
evolved through civilization.
It has not evolved from the
constitution but from mankind itself.
Every person has the right to speak
and be heard when allegations are
being put towards him or her.
The Latin maxim, Audi Alteram Partem
is the principle of natural justice where
every person gets a chance of being
heard.
43. CONCLUSION
• The meaning of the maxim itself says no person shall be
condemned unheard. Hence, no case or judgment can
be decided without listening to the point of another
party.
• There are many cases where this principle of natural
justice is excluded, and no option is given to the party
to speak.
• Natural justice means that justice should be given to
both the parties in a just, fair and reasonable manner.
Before the court, both the parties are equal and have
an equal opportunity to represent them.