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 1.

AUDI ALTERAM PARTEM


 2. Definition “no one should be condemned, punished, or deprived of his life or property in
any judicial proceeding, unless he had an opportunity of being heard.”
 3. Meaning Latin phrase meaning “Hear the other side” No man shall be condemned
unheard. One of the core principle of natural justice. It is most often used to refer to the
principle that no person should be judged without a fair hearing in which each party is given the
opportunity to respond to the evidence against them. A person cannot be declared guilty without
giving him a chance to defend himself and argue for himself.
 4. 1. Right to notice - Place, time and date of hearing and the officer conducting the hearing
must be intimated to the parties. Further, the allegations against them should be made known to
them, so that they can answer the same. 2. Right to present case and lead evidence. 3. Right to
rebut adverse evidence - This includes the right of cross- examination and legal representation.
Further, no evidence shall be collected behind the back of the party. 4. Right to reasoned
decision or speaking order - The judgment or order must show the reasons therefore.
 5. Bihar School Examination Board v. Subhash Singh The Bihar School Examination Board
conducted the examination, in March, 1969, at various centres. The results for other centres
were published some time in July, 1969, but the results for one centre was withheld and
subsequently it was announced that the examinations of all subjects held there were cancelled
because of the unfair means practised on a large scale at that centre. The examinees were
therefore given the option of appearing at the Secondary School Board Examination to be held in
September, 1969. This order was challenged in an application under Article 226 of the
Constitution before the Patna High Court, on the main ground that before cancelling the
examinations the Board should have given the persons affected by such cancellations an
opportunity of being heard. The High Court struck down the order of cancellation on the sole
ground that the examinees were not given an opportunity to show cause and thereby the well-
known principle of natural justice viz.— audi alteram partem—was not observed

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