Principle

APPELLATE PRACTICE — Issues for Determination — Suo Motu Raising of Issues — Duty of Court to Afford Parties Hearing

Area of law
APPELLATE PRACTICE
Court
Supreme Court

If an appellate court raises an issue on its own motion, it must give the parties an opportunity to be heard. Failure to do so results in a miscarriage of justice. The decision cannot stand. The principle protects the right to fair hearing. The parties…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in