The Meaning of this Maxim is “Listen to the other side” in other words this maxim means that No person shall be punished without hearing him. The true intent of this maxim is that the party against whom the allegation is levelled should be allowed to defend the same. It is to preserve the Idea of Natural Justice that this maxim is widely accepted across geographies.
Example
- A person who claims ownership of a property and being in possession of such property cannot be removed from such property on a complaint from anyone, the said claimant will have to be duly served upon a notice in the said matter stating the allegations levelled against him and also the court in which the said matter is listed and the date and time of such hearing, failing which nothing can be done to remove the said person from the possession of the said property.
- When any allegation is levelled against any employee of the organisation it is the duty of the organisation to not directly remove such person from service but to give him a chance to defend himself and present his side of the case.
Case Laws
- Maneka Gandhi Vs. Union of India, the passport of the plaintiff was seized by the government citing public interest, and the authorities gave no opportunity to the petitioner to contest the same. The matter reached the Supreme Court wherein it was held that the petitioner did not receive any opportunity to represent herself and principles of Natural Justice should prevail.
- R Vs. University of Cambridge , In this case one Dr. Bentley was deprived of his degrees on account of some misconduct on his part, the university made such action unanimously without giving Dr. Bentley any chance of explanation the King’s Court held such decision to be void on account of no notice being s served upon the said Dr. Bentley for such action.
Requirement
- A reasonable notice
- A reasonable opportunity
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