Nishank , Sypnopsis History.docx

Dr. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW

ADMINISTRATIVE LAW

SYNOPSIS “Effect and Impact of Non Observance of the principles of Natural Law”

Submitted to:-

Submitted by

Aparna Singh

Nishank Vashistha

INTRODUCTION It is a fundamental principle that no man shall be a judge of his own cause The concept of natural justice entails two ideas (1) (audi alteram partem) i,e. a person affected by a decision has a right to be heard, and (2) Nemo judex in rea sua, I,e. the authority deciding a matter should be free from bias. The principle of natural justice are not fixed, but flexible and variable. These principles cannot be put in a straight jacket. The principle is that a judge is disqualified from determining any case In which he may, or may fairly be suspected to have an interest in the subject matter. The underlying principle is that 'justice should not only be done, but should manifestly and undoubtedly be seen to be done. In india a decision which contravenes the rules of Natural justice is a nullity and person affected is entitled to have such decision set aside.

Objectives: The objectives of the study are To study the effects of non observance of principles of natural justice Impacts of non observance of principles of natural justice Position of India to that of England

Research Methodology: For the purpose of doing the project doctrinal research methodology has been adopted for presenting the material in the project various books, journals and magazines have been consulted .The information in the project has been represented to the best of knowledge and availability of means and resources. To present the information due care has been taken to present the material in correct perspective.

Tentative Chapterization: 1. 2. 3. 4. 5. 6. 7.

Introduction Types of bias Test of bias Decline of handicraft Opportunity of being heard Pre decisional and post deceisional hearing The ultimate relief conclusion

Bibliography:

1.

V. Duke (1949) 1 All. E R.109 at 118 113.

2.

Wade H.W.R. Administrative Law 1988, atp. 532 114.

3. 4.

Lord Hailshan L.C, in Pearlbere (1972) 1 WIR 34 at 540. Markose A.T. "certiorari certified" 16 N.1.L Q 339 369-70 (1965) quoted by S.Goakumaran Nair,

5.

"Violation of Natural Justice, void or voldable" AC L.R. Vol 3 No.1 (1979). 95. Markose A.T. Judicial Control of Administrative Action in India (1956) pp.649, 659.