Judicial Dictionary - A

Judicial Dictionary


Legislative Dictionary


Audi alteram partem

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TitleAudi alteram partem
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"No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after expost facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the en­actment giving such power excluding the application of the principles of natural justice, the Courts of law are inclined generally to imply that the power so given is coupled with a duty to act in accordance with such principles of natural justice as may be ap­plicable in the facts and circumstances of a given case. What these principles of natural justice are it is not possible to lay down with any exactness, but Hamoodur Rahman, J. has pointed out in the aforesaid case that "Nevertheless, the general consensus of judicial opinion seems to be that in order to ensure the "elementary and essential principles of fairness" as a matter of necessary implication, the person sought to be affected must at least be made aware of the nature of the allegations against him, he should be given a fair opportunity to make any relevant statement putting forward his own case and "to cor­rect or controvert any relevant statement brought for­ward to his prejudice". It has been further observed, in other words, "in order to act justly and to reach just ends by just means" the courts insist that the person or authority should have adopted the above "elementary and essential principles" unless the same had been expressly excluded by the enactment em­powering him to so act." Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD) [1693] )

Created OnJune 8, 2014, 7:06 AM
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