Judicial Dictionary - N
Judicial Dictionary
Legislative Dictionary
Natural justice
Category | N |
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Title | Natural justice |
Details | Natural justice connotes a set of procedures designed to ensure that decisions are made fairly. In other words the basic rules and procedures to be followed by any person or body charged with the responsibility of determining disputes. The rules of natural justice require an adjudicator to act fairly, in good faith and without bias or conflict of interest. They also require an adjudicator to allow each party adequate opportunity to present its case and respond to its opposition's case. The essential feature of the principles of natural justice is that no person should be deprived of his right without a hearing before an independent authority – its purpose is to prevent miscarriage of justice. [B. S. Agents vs. Bangladesh (1979) 31 DLR (AD) 272] The words "failure of justice" is not justice in the abstract or moral sense nor even justice according to natural law. Its content has not as yet been correctly determined nor is it capable of such precise definition. To constitute a denial of natural justice there must be a violation of some fundamental principle of law or procedure of such importance that it would shock the conscience of the court and it would consider it to be a Case where the substance of a fair trial had been denied. [Bharat Tewari vs. N. Hossain (1958) 10DLR 481; (1959) 11 PLR 276] Denial of natural justice would be inferred where a person sought to be condemned or to be adversely affected is not given any opportunity of being heard in his defence or where the judge himself is interested in the matter by reason of some pecuniary or other interest or where there has been such other flagrant disregard of procedure. [Bharat Tewari vs. N. Hossain (1958) 10 DLR 481; (1959) 11 PLR 276] |
Created On | May 2, 2011, 5:10 AM |
Hits | 739 |