1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
These slides provide case brief of Bangalore Water Supply and Sewerage Board v. R Rajappa case.
The case covers:
Citation
Facts
Procedural History
Issues
Principle
Judgement
Recent Developments
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The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
These slides provide case brief of Bangalore Water Supply and Sewerage Board v. R Rajappa case.
The case covers:
Citation
Facts
Procedural History
Issues
Principle
Judgement
Recent Developments
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
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KANOON KE RAKHWALE INDIA
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The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
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.
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
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AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
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.
Exploring Career Paths in Cybersecurity for Technical CommunicatorsBen Woelk, CISSP, CPTC
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The Impact of Artificial Intelligence on Modern Society.pdfssuser3e63fc
Just a game Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?
2. BIAS - DEFINITION
• LEGAL - an operative prejudice, whether
conscious or unconscious, as result of some
preconceived opinion or predisposition, in
relation to a party or an issue.
• DICTIONARY - anything which tends a person
to decide a case other than on the basis of
evidences.
3. PRINCIPLE OF NATURAL JUSTICE
• Natural Justice (NJ) is a principle that intended to
ensure law with fairness and to secure justice.
Fairness and justice should vest the manner of
arriving of decisions by judicial process. The IC as
the mechanism of arbitrating industrial dispute
when dealing with matters referred to it.
• 2 essential elements of NJ:
A. The rule against bias
B. That of hearing both sides ("audi alteram
partem“)
4. A) The rule against bias
• The rule against bias requires the adjudicator
to be neutral between the disputing parties
and appear to be above board. This principle
is based on two requirements:
I. No man should be a judge in his own cause
("nemo judex in cause sua“) and
II.Justice must not only be done, but manifestly
and indubitably be seen to be done
5. The rule against bias has 2 main features:
1. the administrator exercising adjudicatory powers
must have not have any personel or proprietary
interest in the outcome of the proceedings.
2. There must be a real likelihood of bias. Real
likelihood of bias is a subjective term which means
either actual bias or a reasonable suspicion of bias.
– difficult to prove the state of mind of person.
Therefore, the courts see is whether there is a
reasonable ground for believing that the deciding
factor was likely to have been biased
6. Forms of bias:
• Personel bias - It arises out of the personal or professional
relationship of friendship or hostility between the authority and the parties.
It’s the human nature that we try to give favourable decision to our friends or
relatives, whereas use the same as a weapon against the enemies.
• Pecuniary bias - Any financial interest howsoever small it may be
is bound to vitiate the administrative action.
• Subject-matter bias - The situations where the deciding officer
is directly or indirectly in the subject matter of the case.
7. Forms of bias (CONTINUED)
• Departmental bias - The problem of departmental bias is
something which is inherent in the administrative process, and if it is not
effectively checked, it may negate the very concept of fairness in the
administrative proceeding.
• Pre-conceived notion bias - Bias arising out of
preconceived notions is a very delicate problem of administrative law.
• Bias on account of obstinacy - The word Obstinacy
implies unreasonable and unwavering persistence and the deciding officer
would not take ‘no’ for an answer. This new category of bias was discovered
in a situation where a judge of the Calcutta High Court upheld his own
judgment while sitting in appeal against his own judgment.
8. B. The Rule of Hearing Both Sides
• This rule is expressed through 2 maxims:
i. Hear the other side and
ii.No man should be condemned unheard (give
opportunity to be heard)
9. i. HEAR THE OTHER SIDE
The adjudicator (judge) must act in good faith and fairly listen to both
sides, for that is the duty of the adjudicator who decides anything.
They can obtain information in any way they think best. They must
always give opportunity to those who are parties in the controversy
for correcting any relevant statement.
•Any proceedings commenced must with prior notices to the parties in
order to avoid vitiate the resulting decision. Therefore, the person
should be given adequate notice of the proceedings so that they may
be able to:
a.Effectively prepare their case and to answer the case of the
opponent.
b.Make their representations and
c.Appear at the hearing.
10. ii. Opportunity to be Heard
The parties involve must have a reasonable
opportunity of being heard in their defence.
•3 requirements of fair or reasonable opportunity:
a.The adjudicator should receive all the relevant
material, which a party wishes to produce in
support of its case.
b.The evidence of the opponent, whether oral or
documentary, should be taken in his presence.
c.Each party should have the opportunity of
rebutting the evidence of the other by cross-
examination or explanation.
11. CONCLUSION
1. The rules of NJ are not inflexible principles – flexibility
is allowed however, they may vary in their content in
the circumstances of each case and in their ambit in
the context of their application.
• For example: The concept of fair hearing, particularly,
varies significantly in different contexts such as
whether it is a sophisticated full-fledged hearing or a
brief and minimal one; hearing prior to the decision
or post decisional hearing. i.e. depending on the
circumstances of each particular case, this rule, in its
application is flexible enough to range from minimum
to rigorous standards
12. CONCLUSION (CONTINUED)
2. Flexibility of the rules of NJ is emphasized
it should be noted that their fundamental
importance should be stressed.
• For example: As long as notices were
produced to the appellant or the disputing
parties – the fundamental of adequate,
clear, certain and unambiguous notice
should be stressed. A vague notice is not a
proper notice.
13. CONCLUSION (CONTINUED)
3. While it is important for administrative bodies to conform to natural
justice in their proceedings, a mere fetish of those principles will not
justify the interference by the review court.
• “ A breach of procedure, whether called a failure of NJ, or an essential
administrative fault, cannot give him a remedy in the courts, unless
behind it there is something of substance which has been lost by the
failure. The court does not act in vain”.
• Case: Tanjong Jaga Vs. Minister of Labor (1987) 1MLJ33.
• Tanjong Jaga argued that it was a nightclub and as such the NU of HB&R
workers not the competent union to represent its workers. It challenged
the unilateral decision of the Registrar to the contrary, complaining that
he failed to give an opportunity to be heard on this contention.
• The Supreme Court held that the Registrar in this case was satisfied that
the major business of the nightclub was in the operation of the bar – S.C.
Judge Abdool Cadeer – ‘allowing a hearing to the night club would not
have wide any difference’.
14. CONCLUSION (CONTINUED)
4. There is the emerging concept of fairness, which is larger in context than the rules of
natural justice.
• Fairness – the duty to act fairly – does not mean it to be a substitute for NJ – the
administrative bodies in exercising their discretion owe a constitutional duty to
perform it fairly and honestly to the best of their ability -–rather than to use the phrase
as NJ – the procedure must be fair to all those who have an interest in the decision.
• C. V. Das – Administrative Law & the Citizen, MLJ No.1981
• The principles of NJ do not apply to administrative bodies when the Nature of function
they discharge is not analogous to judicial or when the nature of complaint does not fit
into any of the recognized rules of NJ.
• Case: The management receives a complaint on 6 workers for misconduct. The
immediate respond is to suspend the allege workers for 1 week. Then the mgmt. Call
for a meeting of the representative of the workmen in the CO’s employment to decide
future fate of there 6 suspended colleagues. Based on the discussions/arguments as
well as giving the rep. Opportunity to voice their opinion the mgmt decided a
judgement to be passed on the 6 workers to be terminated.
– Suspension of the 6 workers from work for one week was within the ambit of IR practice.
– To hold domestic inquiry
– to determine cause for the co. to order suspend the employee
– whether there are just & proper
– to determine what further action should be taken
15. NATURAL JUSTICE AND EXECUTIVE
AUTHORITIES
Shamsiah Bte Ahmad Sham V. Public Services
Commission (1990) 3 MLJ – illustrates how a
disciplinary authority could be violating the
principles of natural justice when it is perfectly
entitled to take into account the employee’s
record of past conduct in considering her guilt
or the appropriate punishment.
16. NATURAL JUSTICE AND EXECUTIVE
AUTHORITIES(CONTINUED)
• Shamsiah was a book binder in the Government Printing
Department, who was dismissed by the Public Services Commission
after she had been found guilty of negligence and dereliction of duty.
She applied to the High Court for a declaration that her dismissal
was null and void. Her application was dismissed by the High Court,
and she appealed.
•
• The core of the complaint in the Supreme Court was that the Public
Services Commission, in arriving at its decision to dismiss her from
service, had taken into account extraneous matters, namely the
record of her past conduct, which had been entered in her record of
service and produced by her departmental head to the Public
Services Commission without giving her an opportunity to explain or
controvert her record of service, which played a part in influencing
its decision to impose the severest punishment under the relevant
regulations.
17. NATURAL JUSTICE AND INDUSTRIAL
COURT
Section 23A of IRA 1967 – a person is qualified for appointment as president or chairman of the IC only if, for the seven
years preceding his appoinment, he has been an advocate and solicitor… or a member of the judicial or legal service of the
Federation or of the legal service of the state ..
•the professional background of the presiding officers of the IC in Malaysia makes them keenly aware of the need for the
quasi- judicial bodies to observe the principles of natural justice in their proceedings.
•The IC allows legal presentations to the parties and the representatives must facilitate the observance of natural justice
during the proceedings in the IC.
•
•Case: Minister of Labor, Malaysia V. National Union of Journalist, Malaysia (1991) 1 MLJ 24
•
•Minister of Labour(MOL) refused to refer a dispute to the IC – The IC strictly observe and support the view of rules of
fairness.
•
•Yaqzid Othman, a reporter of Utusan Melayu, who was dismissed for misconduct, the MOL refused to refer the dispute to
the IC though he was well aware that no domestic enquiry was done. However, the Minister listed in his affidavit several
facts and circumstances he took into account in arriving at his decision.
•The Supreme Court allowed the Union ‘s application for an order of certiorari to quash the decision of the Minister and an
order to refer the dispute to the IC
•
•Industrial Court
•Yazid Othman was not give the opportunity of being heard in his own defence .
•Ordered his reinstatement with back wages
•
•
18. NATURAL JUSTICE AND INDUSTRIAL COURT (CONTINUED)
Case: Minister of Labor, Malaysia V. National Union of Journalist,
Malaysia (1991) 1 MLJ 24
•Minister of Labour(MOL) refused to refer a dispute to the IC – The
IC strictly observe and support the view of rules of fairness.
•Yaqzid Othman, a reporter of Utusan Melayu, who was dismissed
for misconduct, the MOL refused to refer the dispute to the IC
though he was well aware that no domestic enquiry was done.
However, the Minister listed in his affidavit several facts and
circumstances he took into account in arriving at his decision.The
Supreme Court allowed the Union ‘s application for an order of
certiorari to quash the decision of the Minister and an order to
refer the dispute to the IC.
•Industrial Court:
– Yazid Othman was not give the opportunity of being heard in his own defence
– Ordered his reinstatement with back wages
19. Benefits of complying with the Principles of NJ
Natural justice can benefit the decision maker as well as the person or
organisation whose rights or interests may be affected in the following ways.
• Assists the decision maker in reaching the correct and preferable decision;
• Provides the decision maker with relevant information, evidence or
interpretation of legislation or policy which he/she has not considered;
• Provides a useful avenue for the decision maker to ensure that the facts or
information that he/she is relying on is correct;
• Exposes any weaknesses in the decision-making process, information or
evidence on which a decision is to be based, which avoids later
embarrassment, including the need to re-make the decision;
• The comments or submissions made by the person or organisation may
provide advance warning of the basis on which the decision is likely to be
challenged.