Principle

CIVIL PROCEDURE – Judgment Writing – Duty of Appellate Court to Hear Parties Before Raising Issue Suo Motu

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Appellate courts can raise issues on their own motion (suo motu) but must afford parties hearing before deciding such issues. "Suo motu" issues include: jurisdictional defects, fundamental legal errors, or matters affecting justice that parties haven't raised. Fair hearing requires courts to: identify the issue,…

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