9911796707
TMI Blog2009 (4) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... v Kumar was convicted for the offences punishable under Sections 395, 450, 342 of Indian Penal Code, 1860 (in short the `IPC'). The complainant Sukhraj Singh also filed a revision for payment of compensation. The prosecution version was that the accused Sanjiv Kumar was posted as ASI in Police Station City Phagwara. On 23/2/2002 at about 7.30 p.m. he along with 4-5 unidentified persons had committed an offence of trespass by entering into building of M/s. Wadhawan Forex (P) Limited Phagwara. He allegedly committed dacoity by robbing Sukhraj Singh Director of that Company of the Indian currency and foreign currency. There were other aspects highlighted by the prosecution in the trial. We are not concerned with those presently. The pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given even without issuance of notice to the appellant. In other words he has been condemned without even hearing him. According to the learned counsel, the basic principles of natural justice have been violated. Learned counsel for the State fairly accepted that no opportunity was granted during hearing of the appeal by the High Court. Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. What is meant by the ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . But I do not think they are bound to treat such a question as though it were a trial. The Board is in the nature of the arbitral tribunal, and a Court of law has no jurisdiction to hear appeals from the determination either upon law or upon fact. But if the Court is satisfied either that the Board have not acted judicially in the way I have described, or have not determined the question which they are required by the Act to determine, then there is a remedy by mandamus and certiorari . Lord Wright also emphasized from the same decision the observation of the Lord Chancellor that the Board can obtain information in any way they think best, always giving a fair opportunity to those who are parties to the controversy for correcting or con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a great deal of change in recent years. Rules of natural justice are not rules embodied always expressly in a statute or in rules framed thereunder. They may be implied from the nature of the duty to be performed under a statute. What particular rule of natural justice should be implied and what its context should be in a given case must depend to a great extent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to describe natural justice as 'a duty to act fairly'. In fairmount Investments Ltd. v. Secretary to State for Environment (1976 WLR 1255) Lord Russell of Willowan somewhat picturesquely described natural justice as 'a fair crack of the whip' while Geoffrey Lane, LJ. In Regina v. Secretary of State for Home Affairs Ex Parte Hosenball (1977 (1) WLR 766) preferred the homely phrase 'common fairness'. How then have the principles of natural justice been interpreted in the Courts and within what limits are they to be confined? Over the years by a process of judicial interpretation two rules have been evolved as representing the principles of natural justice in judicial process, including therein quasi judicial an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
