By Vijay Kumar

The principle is that no one should be condemned without a hearing in which they are given the opportunity to respond to the accusations against them.

The maxim audi alteram partem would have to be read into the provisions of Regulations 20(2) of the Custom House Agents Licensing Regulations, 2004 (hereinafter referred to as ‘the Regulations’), its violation vitiate the order;

The adherence to principle of natural justice as recognised by all civilised states is of supreme importance when a quasi juridical body embarks on determining disputes between the parties. These principles are well-settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that none 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 against the person in absentia becomes wholly vitiated. Thus it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approval rule of fair play.