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Audi alteram partem

Let the other side be heard as well.

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Literal Meaning of Audi alteram partem is “Let the other side be heard as well.”

No person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

Jan Mohd. vs. The State of Rajasthan and Ors. (12.05.1992 – RAJHC)

promotion was granted to a particular person by the Chancellor as Principal and that order was executed and it was sought to be set aside by a later order. In those facts, it was held that although, the Chancellor has powers to revise that order but that should be done after affording an opportunity of being heard to the affected person. It was in this context that the provision as such was read down and in reading it down it was held that it includes the principle of audi alteram partem. Here, that is not the case. It is not a case of divesting rights, which revested.

SPShahi
SPShahihttps://www.spshahi.com
Author, SP Shahi is Advocate at the High Court of Judicature at Allahabad, He holds LL.M. degree and qualification in the NET exam. He prefers to write on legal articles and current affairs.

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