ADMINISTRATIVE LAW SYNOPSIS

An analysis on
Amar Nath Choudhary v. Braithwaite & Co. Ltd. (2002) 2 SCC 290

Reuben Philip Abraham

BA0130048
Section B

Justification for the topic

This project mainly deal with the concept of the rule against bias and how the principle of Nemo
judex in causa sua is applicable. The main backbone of the project is obviously the case of Amar
Nath choudhary v. Braithwaite & Co. Ltd. which through its facts and judgment is used to
understand in detail these two concepts.

Tentative Chapterization
INTRODUCTION
RULE AGAIST BIAS
i. TYPES OF BIAS
ii. TESTS OF BIAS
iii. EXCEPTIONS TO THE RULE AGAINST BIAS
AMARNATH CHOUDHARY v. BRAITHWAITE & CO. LTD. & Ors
FACTS OF THE CASE
FINDINGS AND DECISIONS OF THE SUPREME COURT
VIEWS ON THE JUDGEMENT

CONCLUSION

Research Objectives
Firstly to understand the main topic of the project that is the given case , its facts and its
judgement
Secondly to understand what the rule against bias is

And lastly, to understand through the case how such concepts are applicable and
important in administrative law

Research Question
How is the Rule of bias and the concept of Nemo judex in cause sua applicable and
important in administrative law?
How does Amar Nath choudhary v. Braithwaite & Co. Ltd. help us in understanding these
concepts?

Hypothesis
The project proceeds on the premise that this case is one of the finest in the concept of rule
against bias and the judgment against the doctrine of necessity helps us in understanding how
important this concept plays a role in administrative law.

Survey of literature
The literature is basically descriptive, analytical and appraisal oriented laying core emphasis on
the case of Amar Nath Choudhray and full relation to administrative related aspects. The
researcher has mainly referred 3 textbooks and 1 article pertaining to the project title for the
secondary research. Other secondary sources included are various journals, statutes, websites.

Literature Review

Principles of Administrative law by MP Jain and SN Jain

This is an exhaustive commentary on administrative law and the constitutional principles
with Indian and foreign case law references. This book gives me the concept of rule
against bias in good clarity
Administrative law by SP Sathe
This book gives concise definitional help which is of much importance and also the
refined commentary given by the author helped in me in understanding the case law in a
better way.
Lectures on Administrative law by CK Takwani
This book deals with the basic concept of administrative law which include Nemo jedex
in causa sua

http://www.legalservicesindia.com/article/print.php?art_id=1113
This article deals with the concept of doctrine of necessity and helps me understand the
concepts better.

CONCEPTUAL FRAMEWORK AND RESEARCH METHODOLOGY:

The methodology adopted is purely doctrinal in nature and the paper undertakes an analytical
and investigative research methodology. The present research is done with the help of Primary
Resources such as statutes, regulations and notices issued by competent authorities. Secondary
sources such as books, journals & periodicals, speeches, legal encyclopedias which are listed in
detail were also been referred.
Footnotes have been provided wherever needed, either to acknowledge the source or to point to
a particular provision of law. Uniform Bluebook (19th ed.) citation format has been followed for
footnoting.

SET OF DATA COLLECTION TOOLS:

The major sources of data collection tools are secondary sources, case-studies drawn from wide
array of authentic texts and recent periodicals pertaining to the administrative action of the State

and its liability prospects. Standard texts on Torts and comparative sources have also been part
of this data collection tools which added to its output and quality.