Natural and social justisce
Material type:
- 340.115 CHA
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The second edition of this work, evoked approximately within three years since its publication, vouches to the esteemed readers the gratitude of the author and gratification of the publishers. It has been an earnest endeavour to engrain in the work an exacting modification demanded both in its lore and lay-out.
In the case of Dr. (Miss) Bina Pani Dei, it was vigorously stated that even an order has to be made consistently with rules of natural justice but the statement still evinced a conclusion when the dictum was supplemented also with the version that an order to the prejudice of a person in derogation of his vested rights may be made only in accordance with basic rules of justice and fair play. The controversial phenomenon of the vested rights necessitated a separate chapter on Determination of Rights. The stoic proposition in A. K. Kraipak's case that the dividing line between an administrative and a quasi-judicial power is quite thin and is being gradually obliterated, was probably acclaimed as a landmark, but a retrograde step was soon taken to hold, in J. N. Sinha's case, that if a statutory provision either specifically or by necessary implication excludes the application of any rules of natural justice, then the Court cannot ignore the mandate of the Legislature and read into the concerned provision, the principles of natural justice. A chapter on Exceptions and Alternatives to Natural Justice had, therefore, to be added. The former chapter on analysis of the Concept has been divided into two and the chapter on Service Matters is suitably enlarged. The second part on Social Justice has been substantially improved and has been ramified into three distinct chapters.
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