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ARTICLE · 19 SEPTEMBER 2024

Natural Justice: RBI Upholds The Borrower's Right To Be Heard

He who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right, is a corollary deduced from the rule of audi alteram partem.

IndiaCriminal Law

He who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right1, is a corollary deduced from the rule of audi alteram partem.

The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should appraise the party determinatively the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed

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