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1979 Supreme(Guj) 243

G.T.NANAVATI, P.D.DESAI
APEXA CO-OPERATIVE BANK LIMITED – Appellant
Versus
DISTRICT REGISTRAR – Respondent


Advocates Appeared: C.K.TAKVANI, GIRDHARLAL, I.M.NANAVATI, P.K.PAREKH

P. D. DESAI, J.

( 1 ) THE brooding omnipresence of the rule of natural justice audi alteram partem sanctified constitutionally in the great equalizing principle enunciated in Article 14 pervades in varying forms and flexible moulds every administrative action in our republic unless a validly enacted law excludes it. The rule which mandates that no one shall be condemned unheard has very often been regarded as anathematical by administrators involving as it does the irritating inconvenience of notice and opportunity. Yet jurists and judges with their inveterate zeal to invest law with fairness and to secure justice have over the years reaffirmed that principle in diverse situations. These contrary approaches have given rise to a plethora of decisions which has crystallized the content and reach of this great humanizing principle but in its application to concrete cases perplexing problems often arise especially when there are no positive words in the statute applicable to the situation requiring that the party likely to be affected shall be heard. The person hurt persuasively pleads in such a case that the omission of the Legislature is unintentional and that informed as it was of th





























































































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