LawPaws007

  Natural Justice Principles Rule of Fair hearing The Rule of Natural Justice stands for the doctrine of fair hearing. This means that both the parties should be given the opportunity to be heard. Similarly, the judge which would be adjudicating the parties should not be a party to dispute. There should be a ‘notice’ given to the other party about the whereabouts of the dispute. Equal opportunity should be given to both the parties to be heard. Hearing both sides In America, it is known as due process. This would give both the parties an equal opportunity to hear. There should be a fair procedure, natural justice principle, biasness, fair exercise of the power of the administrative system. Audi Alterum partum This means that both the parties should be given an option of fair hearing. They should be allowed to present their views and contentions. No decision can be taken without the consideration of one of the parties. Indian context of the natural law In India, the ...

by Harmanjot Kaur OMBUDSMAN You must not lose faith in humanity. Humanity is like an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty. With the popular quote of Gandhi i.e. hate the sin, not the sinner. We see that there are various underlying reasons for the increase in corruption. However, with the evolution of citizen-centric government, the evolution of concepts such as probity and integrity; Ombudsman came into the picture. Those who do not learn from history are doomed to repeat it. ( Nicholas Clairmont) Under the supervision of Anna Hazare, we see the evolution of the Lokayukta and Lokpal Act, which doomed as the bud flourishing into a garland binding people together who would fight against the menace of corruption. We observe that in order to keep an eye on the increasing instances of corruption, there are various provisions laid down by the government. One such system includes the system of Lokpal and Lokayukta. Lokpal works as the chief auth...

    by Harmanjot Kaur  The constitutional law and jurisprudence would be a cakewalk if one is well versed with the concepts such as natural justice and rule of law. similarly, in the indian contracts act, we encounter terms such as ‘based on equity and law of natural justice’, however, it is very difficult to interpret them in case one is not well versed with these terms. Here we will discuss these terms in detail. Rule of Law Introduction The term rule of law is derived from the ‘French phase’ La principle de legalite’ which means that the government based on the principle of law Edward Cook is said to be the originator of the concept of the rule of law. He said that the king must be under God and Law. Edward Cook has three major points to say regarding ‘Rule of Law’. 1.         Rule of law is required to ensure that there is no authoritarian rule of the crown. 2.      Rule of Law is to ensure that there is no arbitrar...