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Showing posts with the label Natural Justice

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...

Meaning and Object of Natural Justice

Meaning of Natural Justice :- The word 'nature' implies inherent qualities or character. The expression 'natural' is adjective. It signifies inherent in, or in accord with, the regular course or things in the universe and without accidental or purposeful interference. Etymologically it means normal justice or commonsense justice. There are no certified causes of natural justice. Normally, natural justice involves the irritating inconvenience for men in authority of having to hear both sides since notice and opportunity are very essence. And this principle is so integral to good government the onus is on him who urges exclusion to make out why. In the words of Dr. D. Basu "Principles of natural justice are those principles which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affect...

Principles Of Natural Justice

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1. For the purpose of enforcing the provisions of the Customs Act or the Central Excise Act or the Finance Act, 1994, the officers of Customs & Central Excise are empowered to decide whether an infringement or contravention has taken place and whether penal action is called for. Such procedures are known as adjudication proceedings and are also followed when the questions of classification, valuation, grant of refund, drawback, etc. are to be decided. Such proceedings are quasi-judicial in nature and do not require adherence to rigid court room proceedings.  However, principles of natural justice have to be strictly followed. 2. The term ―Principles of Natural Justice‖ (PNJ), derived from the expression „Jus Natural” of the Roman Law, does not have force of law as they may or may not form part of statute but they are necessarily to be followed. The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasijudic...