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manishjha70@gmail.com (Querist)

11 December 2015 What was the case of Swadeshi cotton mills v. Union of india and the decison given by the cout.. Pls help to understand term audi alterem.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

12 December 2015 Audi alteram partem is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

The principle of audi alteram partem is the basic concept of principle of natural justice. The expression audi alteram partem implies that a person must be given opportunity to defend himself

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

12 December 2015 In Swadeshi Cotton Mills v. Union of India, an order taking over the management of a company by the government without prior notice or hearing was held to be bad and contrary to law. Court held, “the facts and circumstances of the instant case, there has been a non-compliance with such implied requirement of the Audi Alteram Partem rule of natural justice at the pre decisional stage. The impugned order, therefore, could be struck down.

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