AUDI ALTERAM PARTEM

‘Audi alteram partem’ literally means “hear the other party”, A person deciding the issue against the delinquent person should hear both the parties to the issue and also give them an opportunity hearing of allegation leveled against the delinquent. The opportunity must be given. If a decision is taken without giving an opportunity of being heard, such decision is vitiated, and therefore, such decision is set aside.

Any person against whom an action is proposed to be taken or whose right or interest is being affected, should be given a reasonable opportunity to defend himself.

This maxim means “hear the other side” or both side should be heard before passing any order. It also means that “no man should be condemned unheard”

Generally, this maxim includes two elements:

  1. Reasonable Notice :-

Sufficient notice should be given to the person against whom the charges are laid. It is not necessary that the notice should be give in a formal manner. Even oral notice or notice with technical irregularities or with defective wording is sufficient notice, if it furnishes an opportunity the individual concerned to present his case.

So before any action is taken, the affected party must be given notice, to show cause against the proposed action and seek his explanation.

Contents of Reasonable Notice

The following contents of the notice, make the notice reasonable and adequate –

The following contents of the notice, make the notice reasonable and adequate –

  • Notice must contain the specific charge;
  • Notice should  disclose the authority, which is empowered the hear the case;
  • Notice should include and therein it should specify the time, place and nature of hearing.

2. The Right To Hearing

This is the second important requirement of this maxim “Audi alteram partem” that, the person affected should be given an opportunity to be heard before passing any order or action.

“Hearing” includes that the person who is under the charge, must be given opportunity to present his case or to present his defence. The concerned person against whom the action is proposed to be taken, should be given reasonable opportunity to explain and defend himself.

In other words, the person affected must be given an opportunity to adduce all relevant evidence on which reliance is placed by him. Evidence of the prosecution side should be taken in his presence and he should be given an opportunity to cross-examine the prosecution side.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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