Professional Documents
Culture Documents
No-one should be a judge in his own case. It is popularly known as the rule against bias.
It is a principle of natural justice that no person can judge a case in which they have an interest.
The rule is very strictly applied to any appearance of a possible bias, even if there is actually
none:
R v. Sussex
Lord Hewart CJ declared that, “Justice must not only be done, but must be seen to be done”.
1. Personal Bias:
It arises out of the personal or professional relationship of friendship or hostility between
the authority and the parties. It’s the human nature that we try to give favorable decision
to our friends or relatives, whereas use the same as a weapon against the enemies.
Baidyanath Mohapatra v. State of Orissa
The Supreme Court quashed the order of the tribunal confirming premature retirement on
the ground that the chairman of the tribunal was also a member of the review committee
which had recommended premature retirement.
2. Pecuniary Bias:
Any financial interest howsoever small it may be is bound to create biasness.
Jeejeebhoy vs. Astt. Collector,Thana
The CJ reconstituted the bench ,when it was found that one of the members of the bench
was the member of the cooperative society for which the land has been acquired.