Principle of Natural Justice.
The provision crafted in the doctrine of the principle of natural justice is the binding principles to all the courts, quasi judiciary forums as well as the administrative office.
It has the three main Aspects
- No one should be a judge in his own matter.
- No one can be condemned unheard.
- The party is entitled to know every reason and the decision taken by the authority.
Any order or judgement passed violating the principles of natural justice is considered ab initio void.
The same is also held in the judgement of ;
- Uma Nath Pandey & Ors. Vs State of UP, 2007
- Vishnu Agarwal Vs State of UP, 2011
- Recall Application
- Siemens Engineering VS UOI, 1976
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Not to pass reasoned order / judgement
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- Manoj Kumar Khokhar Vs State Of Rajasthan, 2022
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Not to pass cryptic order / judgement.
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- Mukesh Singh Vs State of NCT Delhi, 2020
- No one shall be a judge in his own case: Nemo debet esse judex in propria causa.
- Bias in the Investigation by Police where he is a complainant.
- G.P.Srivastava Vs R.K.Raizada & Ors. SC-2020
- Justice can only be achieved if a defendant is given a reasonable opportunity to prove his case.
Exception to the National Justice;
- Empty Formality Theory.
- In some cases, the Supreme Court had held that if the
admitted and indisputable facts only one conclusion is possible and under the law only one penalty is permissible court may not compel the observance of natural justice. - The law on the point is very well-settled that where the conclusion is controversial natural justice with all its rigours is indispensable.