Principle of

Subject to all just exceptions, the cases should be decided on merit.

No order adverse to the interest of any person should be passed without giving him opportunity of explaining his position

Principle of natural justice must be read in every statute and applied in its enforcement.

Mutation of safe set aside by Assistant Commissioner without issuing show-cause notice to petitioners and without affording them opportunity of being heard

Validity

Respondent's claim that other remedies. of filing suit and revision being available, Constitutional jurisdiction could not be exercised, such contention was of no effect

Where Tribunal or Court had acted in violation of principles of natural justice by not affording opportunity of hearing to petitioners and had exceeded its jurisdiction by condoning delay of seven years in entertaining appeal against mutation without assigning any reasons, such order could not be deemed to have been passed with lawful authority

Constitutional jurisdiction would be more effective and efficacious remedy in such cases than other remedies available under the law

Respondent's contention that mutations in question being fraudulent and forged were rightly set aside by Assistant Commissioner had no bases as no such finding had been recorded by Assistant Commissioner

Such contention, being a disputed question of fact, could not be gone into by the High Court

Order of Assistant Commissioner whereby mutations of sale were set aside, having been passed in derogation of principles of natural justice, was declared to be without lawful authority and of no legal effect

Parties were, however, would be at liberty to agitate their rights before proper forum, if so advised.

Principle of No adverse order can be passed against a party behind its back as the same would be violative of the principles of natural justice, one of fundamental rights of the citizens.

No show-cause notice was issued to petitioners prior to taking action against them whereby plot allotted to them was cancelled

Action against petitioners having been taken at their back without affording them opportunity of being heard was violative of the principles of natural justice and, thus, void ab initio.

Appreciation. The principles of the natural justice requiring a hearing to be granted to a person before being condemned, applies not only to judicial or. Quasi judicial proceedings but also to administrative proceedings provided that the relevant statute does not exclude its application and requires the administrative authority concerned to base its decision on an objective determination of facts.

Such right will depend on the nature of powers, order made and the statute.

S. 3-Natural justice, principle of-Show-cause notice, requirement of-Petitioners depot/authorisation cancelled by District Magistrate under S. 3 of Ordinance on account of alleged irregularities and mal-practices committed by him-Order, held, not being an order of cancellation simpliciter but containing stigma to petitioner, he was entitled to opportunity of showing cause against proposed action, in circumstance.-[Natural justice, principle of].

Opportunity of hearing-Notwithstanding statute not providing for hearing to person likely to be affected, and notwithstanding matter of determination of net worth value being dependent on calculations. parties to be affected, held, to be afforded opportunity of being heard and no person to be affected in his person or property without being afforded opportunity of hearing.

Ss. 14 & 15-`Principle of natural justice'-Application of.

Manner of holding inquiry or conducting proceeding, held, entirely left to authority concerned even when principles of natural justice pressed, affected party nevertheless to be given a fair opportunity.

A vested right, in contrast to a contingent right, is a right ready to take effect immediately, to be enjoyed in the present or future. A contingent right is by its nature uncertain and contingent upon the happening of a certain thing or event. A recipient of a local certificate becomes entitled to the enjoyment of certain rights immediately on the grant of such certificate. Most obvious of such rights is consideration for admission to Professional Educational .Institutions. A cancellation of a certificate of this nature deprives the students of such rights. The notice is therefore all the more necessary in case a local certificate is desired to be cancelled.

Expression "if he so desires" in r. 17(iv)-pule 17 itself presupposing grant of right of hearing, expression "if he so desires, held further, affords an opportunity of appearance before Appellate Authority and cannot by itself be interpreted to have taken away right of opportunity of appearance at time of hearing of appeal.-[Appeal (civil)].

Audi alteram partem-Natural justice, principles of-Termination of services-Services of employee terminated, being no longer required No stigma of any sort attached nor employee dismissed or removed from service-Principle of maxim audi alteram partem, hence, held, not attracted to case.-[Industrial dispute]

Maxim : Audi alteram partem-Expelling petitioner from University for -misconduct, indiscipline, and illegal activities without issuing notice to him and without hearing - him-Order of rustication, held, without lawful authority-Rule of audi alteram partem, held further, to be read into relevant law unless expressly excluded by such law.-[Maxim].

Gift-Minor donees need not establish possession being transferred to them much less of acceptance of gift having been recorded.

To be read in relevant law unless its application excluded by express words.

S. 24 read with ejected Tenants Scheme, 1952-Natural justice, principle of-Maxim "audi alterampartem"-Resumption order passed without notice to allottee of tenancy-Order, held, violative of mandatory provision of S. 24 as well as principle of natural justice and allottee entitled to proprietary rights in land.

Principle of natural justice requiring person proceeded against to be given reasonable opportunity of being heard-To be read into every law including martial law instructions unless shown to be specifically dispensed with-Martial Law Instruction (Zone B) No. 131.-[Martial law]

Petitioner's plea rejected outright without affording him any reasonable and adequate opportunity of hearing - Order dismissing petitioner's claim in limine, held, illegal.

Principle of Order detrimental to interests of a person-Can be passed only after affording such person opportunity of hearing-Maxim : Audi alteram partem (no one should be condemned unheard).-[Maxim].

Art. 199-Writ proceedings-Writ petition abating due to death of petitioner-Can be dismissed if legal representatives of deceased petitioner not brought on record within time and abatement not set aside-Contention that penal provisions of Civil Procedure Code. 1908 do not apply to writ proceedings, held, incorrect.-[ Writ].

O. IX, r. 4-Application for restoration-Natural justice, principles of-Maxim: Audi alteram partem (no one should be condemned unheard)-Whether applicable to such application-Application for ejectment of tenant under West Pakistan Urban Rent Restriction Ordinance, 1959-No finality attaches to order of dismissal of such application in default-Landlord can file another application on same cause of action-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13.-[Suit, restoration of-Cause of action-Natural justice, principles of].

CI. 6(3)-Natural justice, principles of-Petitioner's Ration depot cancelled without affording him opportunity of hearing-Order, held, without lawful authority and of no legal effect.

To be read as part and parcel of every statute.

Principle of Whether applicable to industrial adjudication or proceedings for certification of standing orders-Doubtful-Civil Procedure Code (V of 1908), .S.11 and Industrial Employment (Standing Orders) Act (XX of 1946), Ss. 6 & 10.

Principles of - Do not apply to departmental proceedings Secretary-General of Azad Kashmir Government designated as Special Judge and delegated with Government's powers to hear departmental appeals-Not a Court-Proceedings before Secretary-General, held, do not constitute res judicata.