Friday, December 28, 2018


What is Natural justice?

The plain dictionary meaning of Natural Justice is “ principles, procedures, or treatment felt instinctively to be morally right and fair’.

What are the principles of natural justice ?

·         Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias.
·         Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard.

“ if one person hears and other decides, then personal hearing becomes an empty formality’ – declared in below case 2011 (1) TMI 7 - SUPREME COURT OF INDIA AUTOMOTIVE TYRE MANUFACTURERS ASSOCIATION VERSUS THE DESIGNATED AUTHORITY & ORS.

“ Imposition of anti-dumping duty - imports of NTCF from China - manner of decision - principles of natural justice - Held that: -if one person hears and other decides, then personal hearing becomes an empty formality. In the present case, admittedly, the entire material had been collected by the predecessor of the Designated Authority; he had allowed the interested parties and/or their representatives to present the relevant information before him in terms of Rule 6(6) but the final findings in the form of an order were recorded by the successor DA, who had no occasion to hear the appellants herein. In our opinion, the final order passed by the new DA offends the basic principle of natural justice. Thus, the impugned notification having been issued on the basis of the final findings of the DA, who failed to follow the principles of natural justice, cannot be sustained. It is quashed accord

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