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TMI Blog2001 (9) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... n 25th September 1987, it was observed that in the absence of any statutory requirement to that effect opportunity was not to be granted. In the present writ petition, the prima facie view of the learned Judges hearing the matter was that principles of natural justice require grant of such an opportunity. We may note that in M/s. Jesus Sales Corporation v. Union of India and Others [1995 (75) E.L.T. 242 (Del.) = AIR 1994 Delhi 218], the same issue was considered and it was held by a Full Bench that an opportunity has to by given before deciding application of the third proviso, to Section 4M of the Act. It was 2nd proviso to Section 4M of the Act at the relevant point of time, when the Full Bench took up the matter. The matter was carried t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a commonsense liberal way. Justice is based substantially on natural ideals and human values. The administration of justice is to be freed from the narrow and restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties. It is the substance of justice which has to determine its form. 4.The expression, 'natural justice and legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doing injustice. 7.what is meant by the term 'principles of natural justice' is not easy to determine. Lord Summer (then Hamilton. L.J.) in Ray v. Local Government Board [(1914) 1KB 160 at p. 199 : 83 LJKB 86] described the phrase as sadly lacking in precision. In General Council of Medical Education Registration of U.K. v. Sanckman [1943 AC 627 : (1948) 2 All ER 337], Lord Wright observed that it was not desirable to attempt 'to force it into any procusteam bed' and mentioned that one essential requirement was that the Tribunal should be impartial and have no personal interest in the controversy, and further, that it should give a full and fair opportunity' to every party of being heard. 8.Lord Wright referred to the leading cases o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... controversy for correcting or contradicting any relevant statement prejudicial to their view". To the same effect are the observations of Earl of Solbourne, LO in Spackman v. Plumstead District Board of Works [1985 (10) AC 229 : 54 LJMC 81], where the learned and noble Lord changed the observation (sic) as follows : "No doubt, in the absence of special provisions as to how the person who is to decide is to proceed, law will imply no more than that the substantial requirements of justice shall not be violated, he is not a Judge in the proper sense of the word; but he must give the parties an opportunity of being heard before him and stating their case and their view. He must give notice when he will proceed with the matter and he must act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... encompasses in fraction 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. 12.Natural justice has been variously defined by different Judges. A few instances will suffice. In Drew v. Drew and Lebura - 1855 (2) Macg.1.8, Lord Cranworth defined it as 'Universal Justice'. In James Dunber Smith v. Her Majesty the Queen - 1877-78 (3) App. Case 614, 623 JC, Sir Robert P. Collier, speaking for the judicial committee of Privy Council, used the phrase 'the requirements of substantial justice', while in Arthur John Specman v. Plumstead District Board of Works - 1884-85 (10) App. Case 229, 240, Earl of Sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basic elements of a fair hearing, having their roots in the innate sense of man for fair-play and justice which is not the preserve of any particular race or country but is shared in common by all men. The first rule is 'nemo judex in causa sua' or 'nemo debet esse judex in propria causa sua' as stated in (1605) 12 Co. Rep. 114, that is, 'no man shall be a judge in his own cause'. Coke used the form 'aliquis non debet esse judex in propria causa quia non potest esse Judex at pars' (Co. Litt. 1418), that is, 'no man ought to be a judge in his own cause, because he cannot act as Judge and at the same time be a party'. The form nemo potest esse simul actor et judex', that is, no one can be at once suitor and judge' is also at time used. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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