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TMI Blog2010 (4) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... ) E.L.T. 241 (S.C.) = 2010 (20) S.T.R. 268 (S.C.) (Uma Nath Pandey v. State of U.P.) considered the principle of following the principles of natural justice in cases where civil rights of the citizen are decided. In the said judgment the Supreme Court held as follows : 5. The crucial question that remains to be adjudicated is whether principles of natural justice have been violated; and if so, to what extent any prejudice has been caused. It may be noted at this juncture that in some cases it has been observed that where grant of opportunity in terms of principles of natural justice do not improve the situation, useless formality theory can be pressed into service. 6. Natural justice is another name for commonsense justice. Rules o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should appraise the party determinatively the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent on the fact and circumstances of that case, the frame-work of the statute under which the enquiry is held. The old distinction between a judicial act and an administrative act has withered away. Even an administrative order which involves civil consequences must be consistent with the rules of natural justice. Expression civil consequences encompasses infraction of not merely property or personal rights but of civil liberties, material, deprivations, and non-pecuniary damages. In its wide umbrella comes everything that affects a citizen in his civil life. 19. Natural justice is the essence of fair adjudication, deeply rooted is tradition and conscience, to be ranked as fundamental. The purpose of following the principles of natur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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