TMI Blog2022 (7) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... following principle of natural justice is to prevent miscarriage of justice. Notice and hearing required as per principle of natural justice. The impugned order of imposing of penalty being Annexure P4 to the writ petition is not sustainable in law and the same is accordingly set aside and the matter is remanded back to the respondent Customs Authority to pass a fresh order after giving an opportunity of hearing to the petitioner or its authorized representative - Petition allowed by way of remand. - WPO/483/2018 - - - Dated:- 22-6-2022 - HON'BLE JUSTICE MD. NIZAMUDDIN Appearance: Mr. Arijit Chakrabarti, Adv. Mr. N. Chowdhury, Adv. Mr. P. Bera, Adv...for the petitioner Mr. K.K. Maiti, Adv. Ms. Ekta Sinha, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed principle of law that if any action by an authority against a person is adverse to his interest or penal in nature, that person must be given an opportunity of hearing before taking such action. On this proposition of law, petitioner has relied on a decision of the Hon ble Supreme Court in the case of Uma Nath Pandey Vs. State of U.P. reported in 2009(237) E.L.T. 241 (S.C), paragraph Nos. 10,11 and 17 which are relevant are as follows: 10. Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affectin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be a judge in his own causel. Coke used the form aliquis non debet esse judex in propria causa quia non potest esse judex at pars (Co. Litt. 1418), that is, no man ought to be a judge in his own case, because he cannot act as Judge and at the same time be a party . The form nemo potest esse simul actor et judex , that is, no one can be at once suitor and judge is also at times used. The second rule is audi alteram partem , that is, hear the other side . At times and particularly in continental countries, the form audietur at altera pars is used, meaning very much the same thing. A corollary has been deduced from the above two rules and particularly the audi alteram partem rule, namely qui aliquid statuerit parte inaudita ..... X X X X Extracts X X X X X X X X Extracts X X X X
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