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Principles of natural justice (audi alterem partem) - whether ...


Refusal of Cross-Examination u/s 108 Violates Natural Justice, Renders Proceedings Invalid.

September 16, 2023

Case Laws     Customs     HC

Principles of natural justice (audi alterem partem) - whether the adjudicating authority was right in refusing an opportunity of cross-examination of natural persons whose statements recorded u/s 108 - Not having been allowed to cross-examine such witness of the prosecution, in the adjudication proceedings, the entire proceedings stood vitiated. The appellate authority had incorrectly held that the appellant was not entitled to cross-examine the prosecution witnesses. - HC

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