Audi Alteram Partem
Legal definition for Indian law research
Definition
Audi alteram partem, an order which infringes a fundamental freedom passed in violation of the audi alteram partem rule is a nullity, Nowabkhan Abbaskhan v. State of Gujarat, AIR 1974 SC 1471 (1480).
(Hear the other side--i.e., no man should be condemned unheard.)--See Cooper v. Wandsworth Board of Works, (1863) 32 LJ CP 185 and the reference therein, at p. 188, by Byles, J., to Dr. Bentley's case, (1723) 1 Str. 557, and Mr. Justice Fortescue's quaint reason for the Common Law supplying the omission in a statute to direct a hearing, Hopkins v. Smethwick Local Board, (1890) 24 QBD 712; Broom's Leg. Max.
Similarly, Qui aliquid statuerit parte inaudita altera, 'quum licet dixerit, haud 'quum fecerit--6 Rep. 52 (taken from Seneca's Medea). (He who shall decide anything without the other side having been heard, although he may have said what is right, will not have done what is right).
See also Dand Ahmad v. Disit Magistrate, (1972) 1 SCC 655: AIR 1972 SC 896.
(Hear the other side--i.e., no man should be condemned unheard.)--See Cooper v. Wandsworth Board of Works, (1863) 32 LJ CP 185 and the reference therein, at p. 188, by Byles, J., to Dr. Bentley's case, (1723) 1 Str. 557, and Mr. Justice Fortescue's quaint reason for the Common Law supplying the omission in a statute to direct a hearing, Hopkins v. Smethwick Local Board, (1890) 24 QBD 712; Broom's Leg. Max.
Similarly, Qui aliquid statuerit parte inaudita altera, 'quum licet dixerit, haud 'quum fecerit--6 Rep. 52 (taken from Seneca's Medea). (He who shall decide anything without the other side having been heard, although he may have said what is right, will not have done what is right).
See also Dand Ahmad v. Disit Magistrate, (1972) 1 SCC 655: AIR 1972 SC 896.
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