67 DLR (HCD) (2015) page:- 395- 👇 “in case of a contentious handwriting or signature, it is risky to rely on the observation of the presiding Judge and that the safe course is to obtain an expert opinion” (13 BLT) (AD) (2005). Abdul Matin Chowdhury vs. Chapala Rani 37 DLR (AD) 2005
Two fundamental maxims of natural justice have now become deeply and indelibly ingrained in the common consciousness of man kind, as pre-eminently necessary to ensure that the law is applied impartially, objectively and fairly. Described in the form of Latin tags these twin principles are :(i) audi alteram partem and (ii) nemo judex in re sua. For the purpose of the question posed above, we are primarily concerned with the first. This principle was well-recognised even in the ancient world. Seneca, the philosopher, is said to have referred in Medea that it is unjust to reach a decision without a full hearing. In Maneka Gandhi's case, Bhagwati, J. emphasised that audi alteram partem is a highly effective rule devised by the Courts to ensure that a statutory authority arrives at a just decision and it is calculated to act as a healthy check on the abuse or misuse of power. Hence its reach should not be narrowed and its applicability circumscribed. The next general aspect to be cons...