Natural Justice
CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense
Indian Penal Code, 1860 (45 of 1860), Section 304-B Evidence Act , Section 113-B. Criminal Procedure Code, 1973 (II of...
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Unnatural expansion of natural justice, without reference to the administrative realities and other factors of a given case, can be exasperating.
If the jurisprudence of remedies were understood and applied from the perspective of social efficaciousness, the problem raised in this...
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Natural justice is not a single theory it is a family of views
Natural justice is an expression of English Common Law. Natural justice is not a single theory it is a family...
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Natural Justice – “A breach of procedure cannot give [rise to] a remedy in the courts, unless behind it there is something of substance which has been lost by the failure. The court does not act in vain.
Lord Wilberforce in Malloch v. Aberdeen Corpn, (1971) 1 WLR 1578: (1971) 2 All ER 1278 (HL)] ,
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Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.
In such situations, fair procedures appear to serve no purpose since the right result can be secured without according such...
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