Monday, June 06, 2005

Principles of Natural Justice.

These are the guiding priciples, the basic tenets of Law. The most important of the principles of Natural Justice is 'Audi Alterm Partem' that is 'No man can be condemned unheard'. This is an universal principle.
Governments before passing any order that could be detrimental to anyone shall give that person an opportunity to putforth his case before proceeding against him. Similairly the employers before passing any order affecting their employee shall give the employee concerned an opportunity (by way of show cause notices and departmental enquiries etc.,). Failure to afford an opportunity of being heard will result in the order being set aside and even compesation in certain cases.
What I have said here of Governments and Employers are just examples and the principle of 'Audi Altern Partem' is not limited to these examples but apply to everybody including the courts (although no one can seek compensation in the rare event of a violation of the principles of natural justice by the courts)
Hence forth if you want to call someone a fool provide him an opportunity to show cause why he shouldnt be called as such.

7 comments:

expertdabbler said...

Another one to the PAQ list.
What is Contempt of Court?

Unknown said...

When a person insults the court; willfully disobeys an specific order of the court or commits or omits what he has undertaken to do or not to before court through an affidavit, he comits contempt of Court. He will be punished for such contempt when proved.

Krish said...

I remember two canons of Contract Law (and surprised I still remember it after all these years):

ex turpi causa non oritur actio

and

in pari delicto potior est conditio defendentis

and also know the meanings for both:

1. No action arises without a base cause
2. In case of equal guilt, the defendent stands to gain.

Did I say them right?

Chakra said...

hmm... interesting!

Narayanan Venkitu said...

Interesting, but one can easily cook up.! doesn't this happen today?

Unknown said...

thennavan,
kalakiteenga!
Chakrapani,
at times this is a head ache if you are in the side having to prove that you had infact given the opportunity.
Narayanan,
Athu thozil(therintha)rahasyam.

Punvati said...

wat i ave learnt is that there r 3 principles of natural justice.. audi aterm partum, reasoneddecision and rule against bias. wat do the other 2 mean?