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Literature Review Books Referred

The document summarizes 4 books referred for research on the topic of natural justice in administrative law. It provides details of the book titles, authors, and publishers. It is noted that the books provide explanations of concepts like natural justice, delegated legislation, and judicial review. They are considered useful resources for students and lawyers to understand administrative law. The document also outlines the research problem, hypotheses, objectives, scope, and chapter scheme to guide the proposed study on analyzing the key case of Ridge v. Baldwin and the concept of natural justice discussed in it.

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Dhruvik Patel
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0% found this document useful (0 votes)
57 views5 pages

Literature Review Books Referred

The document summarizes 4 books referred for research on the topic of natural justice in administrative law. It provides details of the book titles, authors, and publishers. It is noted that the books provide explanations of concepts like natural justice, delegated legislation, and judicial review. They are considered useful resources for students and lawyers to understand administrative law. The document also outlines the research problem, hypotheses, objectives, scope, and chapter scheme to guide the proposed study on analyzing the key case of Ridge v. Baldwin and the concept of natural justice discussed in it.

Uploaded by

Dhruvik Patel
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Literature Review Books Referred:

1) Title: - SEBI Compendium (A Guide to listed company) Author: - Dr. K. R. Chandratra Publisher: - Bharat Law House

About the Book: This book explains the fundamental principles of Administrative Law. The book discusses all the essential aspects in Administrative Law, such as, its relationship with constitutional law, principles of delegated legislation, natural justice, and judicial review and their application to the administrative machinery of India. In this book author provides very impressive definitions and explanations on all the topics. All the topics are covered thoroughly by the author. The author tried his best to provide detailed explanation on the topic. The information which are provides in this book is very useful and easy to understand

2) Title: - Commentary on the Constitution of India Author: - Arvind P Datar Publisher: - LexisNexis Butterworths Wadhwa, Nagpur

About the Book: This book provides complete general principles of the natural justice laid down in the case of Ridge v. Baldwin, author provides sufficient information regarding administrative law. The present work fulfills this requirement by providing an exhaustive and dependable commentary on the topic.

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3) Title: - Administrative Law Author: - S.P.Sathe Publisher: - LexisNexis Butterworths Wadhwa, Nagpur

About the Book: The book in its current edition seeks to introduce to the reader, in its characteristic simple language, the various aspects of administrative law and has been written keeping in mind the student of law. The author provides detailed explanations of various topics. The author gave very detailed information about the principal of natural justice discussed in this case. The book is extremely useful for students of law as well as for practicing lawyers for an easy and comprehensive grasp of the concepts of administrative law.

4) Title: - Administrative Law Author: - Paras Diwan, Peeyushi Diwan Publisher: - Allahabad Law Agency

About the Book: This book contains a very good explanation on Administrative law. Not only for this topic but this book also provides very good explanation on various other topics also. The explanations provided in this book regarding the topic are very easy to understand. Overall this book contains very useful information regarding the topic.

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Research Problem
The present case of Ridge v. Baldwin relates to the concept of Natural Justice. In it broadest sense natural justice may mean simply the natural sense of what is right and wrong and even in its technical sense it is now often equated with fairness. The issue always arises that does the Natural Justice is been always done? Can it be said that the violation of the natural justice would make the decision void? There are many question arises relating to this issue. Whereas in the administrative law natural justice is a well defined concept which compromise two fundamental rules of fair procedure: that a man may not be judge in his own cause; and that a mans defence must always be fairly heard. In courts of law and in statutory tribunals it can be taken for granted that these rules must be observed. But so universal are they, so natural, that they are not confined to judicial power. They apply equally to administrative power, and sometimes also to powers created by contract. Natural justice is one of the most active department of administrative law. There are both broad and narrow aspect to consider. The narrow aspect is that the rules of natural justice are merely a branch of the principal of natural justice. Violation of natural justice is then to be classified as one of the varieties of wrong procedure, or abuse of power, which transgress the implied condition which parliament is presumed to have intended. Just as a power to act as he thinks fit does not allow a public authority to act unreasonably or in bad faith, so it does not allow disregard of the elementary doctrines of fair procedure. The violation of natural justice makes the decision void, as in any other case of ultra vires. For the moment it is enough to note that the rules of natural justice thus operates as implied mandatory requirements, non-observation of which invalidates the exercise of the power. In its wider aspect the subject contains the very kernel of the problem of administrative justice; how far ought both judicial and administrative power to rest on common principles? How far is it right for the courts of law to try to impart their own standards of justice to the administration? When special power to take action or to decide dispute are vested in administrative bodies with the very object of avoiding the forms of legal process, is there yet a residuum of legal procedure which ought never to be shaken off? Since the decision to which the rules apply are very various, they have to be flexibly applied and their precise content depends on the circumstance. But their generally applicability to government action is today beyond doubt.
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Hypothesis
In order to conduct a research work, some important hypotheses are to be formulated. The focal points and assumptions are normally available thought the formulation of hypothesis. The major hypothesis developed on the basis study of available literature and evolution of primary as well as secondary data and work done earlier including related studies in that :-

That can be the right to be heard reinstated. That can the principal of natural justice be violated while deciding the case. That the violation of the natural justice would make the decision void.

Aim :The researcher aims to be examined which are as follows: To make an analysis on the judgment of Ridge v. Baldwin To understand the principle of natural justice laid down in this case. To observe the pre situation of justice before this issues came before the court. To study the various aspect of natural justice

Objective
There are certain which researcher would like to highlight are as follows: To Study the case of Ridge v. Baldwin. To examine the principal of natural justice which are been discussed by the Judge while deciding this case. To find out as where this case is been used as precedent To summaries the concept of pre scenario of natural justice

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Scope
The researcher in this current doctrinal research limits the scope of the subject till the provision which are been laid in the Administrative law of England and India regarding the topic and also related Cases to the topic. There is somewhat comparative analysis with foreign laws has been undertaken.

Research Methodology
The Current research is a doctrinal research due to which the researcher referred various book on Administrative law and referred cases with are related with the topic. The researcher also made research on the topic on the internet and other data sources an outcome of which was various articles and journals.

Chapter scheme

The research is divided into Four Chapters; the Chapter scheme of the research is as follows:-

Chapter I

Introduction and Research methodology

Chapter II

Analysis of Ridge v. Baldwin.

Chapter III

Concept of Natural Justice discussed in case of Ridge v. Baldwin.

Chapter III

Conclusion and Suggestion

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