CASE LAWS ON MAXIM 'AUDI ALTERAM PARTEM'

CASE LAWS ON MAXIM 'AUDI ALTERAM PARTEM'

2005  PLC(CS)  24	----'Audi alteram partem'---Applicability---Maxim `Audi alteram partem' was to be read in' every statute more particularly when the right was affected by impugned order.
2005  PTD  344	-Maxim: Audi alteram partem---Applicability---No evidence can be used against the assessee at his back.
2004  PLD  411	---- Audi alteram partem---Applicability---Principle of audi alteram partem is applicable to judicial as well as non judicial proceedings and it is read in every statute as its part if right of hearing has not been specifically provided therein.
2004  PCRLJ  78	----Audi alteram partem---Discretion to deprive a person of his property has to be exercised in a judicial manner having regard to the legal maxim "audi alteram partem" (nobody should be condemned unheard) and the person affected has to be served with a notice to show cause before any action is taken against him.
2003  CLC  1196	---"Audi alteram partem"---Applicability---Authorities had passed order of cancellation of plots after the same had been allotted and subleases had been executed in favour of the petitioners---No notice was issued to the petitioners before passing of order of cancellation of the allotments--­Validity---Principle of natural justice enshrined in audi alteram partem had been violated in circumstances.
2003  YLR  2206	---- "Audi alteram partem "---Principle and applicability of---No man should be condemned unheard---Under principle 'Audi alteram partem', enshrined in our judicial system, order affecting the right of a party could not be passed without providing opportunity of hearing to that party---Such principle would be read into relevant law unless its application was excluded by express words.
2002  PLD  50	Audi Alteram Partem ”Ignorantia praesumitur ubi scientia non probatur" (ignorance is presumed where knowledge is not proved) and "lex neminem cogit ostendere qued nescire praesumitur" (law compels no one to divulge that which he is presumed not to know)---Applicability---Where the petitioner was minor at the time when all the actions had been taken against him, such actions would be presumed to have been taken without his knowledge---Minor was not supposed nor presumed to be in the knowledge of all those actions---Maxims "ignorantia praesumitur ubi scientia non probatur" (ignorance is presumed where knowledge is not proved) and "lex neminem cogit ostendere qued nescire praesumitur" (law compels no one to divulge that which he is presumed not to know) were applicable in circumstances.
2002  SCMR  1034	Audi Alteram Partem ----"Audi alteram partem"---Application---Principle enshrined in maxim "Audi alteram partem" has to be applied in all judicial and non-judicial proceedings notwithstanding the fact that right of hearing has not been expressly provided by the statute governing the proceedings.
2002  YLR  1870	---------“Audi alteram partem " (no person shall be condemned unheard) is not confined to only judicial proceedings but extends to all proceedings affecting person or property of a party---Mere absence of provision as to notice in the statute cannot override the principle of natural justice which shall be presumed to be embodied in a statute in absence of any provision to the contrary.
2002  PLC(CS)  1083	Audi Alteram Partem ----“Audi alteram partem"---Application---Principle enshrined in maxim "Audi alteram partem" has to be applied in all judicial and non judicial proceedings notwithstanding the fact that right of hearing has not been expressly provided by the statute governing the proceedings.
2001  SCMR  934	---- Maxim "audi alteram partem"---Applicability---Employer, who itself hid framed Rules as well as Regulations for its domestic purposes, was bound to strictly 'follow/adhere to the same---Deviation from such Rules and Regulations is bound to violate principles of natural justice enshrined in the maxim "audi alteram partem" i.e. no one is to be condemned unheard---Where adverse action is being contemplated to be taken against the person/persons, he/they would have at least right to defend such action.
2001  SCMR  1161	Audi Alteram Partem ----"Audi alteram partem"---Applicability---Admission to Medical College--Candidates for admission were the real contesting parties, and to safeguard their individual interest, they had also challenged the entitlement of the rival candidates---Fate of such rival candidates could not be decided without affording them an opportunity of being heard.
2001  PLC(CS)  1253	Audi Alteram Partem ----"Audi alteram partem"---Applicability---Principle of natural justice as enshrined in maxim "audi alteram partem" i.e. no one should be condemned unheard, is considered impliedly or expressly integral part of a statute-- Even administrative/executive Authorities are required to adhere to the principle but At the same time it is not a principle which is recognized universally---Subject to nature of proceedings arid category of the action contemplated to be taken against an individual said rule can be extended or denied.
2001  PLD  418	Audi Alteram Partem ----"Audi alteram partem"---Rule of---Presumption of existence of said rule in every statute---Right of an opportunity of hearing before an order is passed against a person shall be deemed to be written in every statute even if there is no express provision to that effect.

JAMAL ABBAS MALIK 

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