A hearing in a court can be explained as legal proceedings before a court. A hearing often comprises lawful arguments based on evidence gathered by lawyers in support of their respective motions.
A fair hearing is a right of every individual. A fair hearing in the Court is a judicial proceeding that is conducted in a manner to ensure the fundamental concepts of justice and equality. An individual is given a fair chance to defend himself and to present evidence in support of his case and prove his innocence.
Administrative Law: Why You Should Ask For Fair Hearing?
As per the principle of natural justice, a fair and just legal proceeding is a must; no individual shall be condemned unheard. If the accused is given a fair chance to present his side of the story and the judgment is passed in his favor, it enables the accused to get back his lost benefits, reputation and save himself from being penalized on an unfair basis.
The matter of fair hearing was highlighted in the landmark case of Cooper v. Wandsworth Board of Works, Citation (1863) 14 C.B. (N.S.) 180. The complainant’s house was demolished by the Board, as per the provision that the Board was authorized to demolish any construction that was unauthorized and constructed without proper permission. Although this act of the Board was not against statutory provisions, the court held that the power of the Board was subject to the qualification that without giving a fair opportunity of being heard to or defend himself, no person can be deprived of his property.
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