Literal Meaning
Hear the other side or no man should be condemned unheard.
EXPLANATION
Audi Alteram Partem asserts that no person shall be convict, punished by a law court without being heard. It is one of the important principle of fundamental justice and equity. This doctrine gives a right that one shall be condemned of anything without being heard. In a simple term both the party should be given an equal oppurtunity before announcing any decision or punishment. The law cannot realy on single story, for a judgement to be legally valid t is important to follow the rule of Audi Alteram Partem.
The main ingredients of Audi Alteram Partem Are-
- NOTICE
- HEARING
ORIGIN
LATIN, Based on Principles of natural Justice
ILLUSTRATION
If the person is arrested by the police and is not able to maintain a lawyer for himself, it is the duty of the state to provide the accused person with a lawyer and free legal aid if he is not able to afford that too.
CASE LAWS
ESHAV MILLS V.S UNION OF INDIA
It was held that the notice which is given to the parties should be crystal clear and unambiguous, and if not it is not valid and reasonable.
MANEKA GANDHI V.S UNION OF INDIA
It was held that law and order must be fair, just and reasonable. The principle of AUDI ALTERAM PARTEM is the primary notion of the principle of natural justice.
Also Read: Animus Nocendi
