15th lecture
TRANSCRIPT
Presumption Generally no provision is found in any statute for the observance of the principles of nature justice by the adjudicating authorities. Even then the adjudicating authorities are bound to follow in every proceeding of judicial, Quasi-judicial or in the Administrative order involves civil consequences because the principle of natural justice shall be presumed to be incorporated in every statute unless its application is specifically excluded by express words in it
Official Bias : Where judge has a general interest in the subject matter It is weak ground Note : Bias need not be proved But if he is likely to have been biased Islamic View : A judge is not disqualified In a strict sense only that he may have any interest in the Subject matter Federal Shari at court: That the qazi should not hear his own case
II - “Nemo debet esse judex in propria causa” (No man should be the judge in his own cause) or A person cannot be a judge and a party in the same time “The deciding authority must be impartial” Having any interest He will be bias He will be partial Philosophy: Justice should not only be dome but manifestly be seem to be done Meaning of Bias : Inclination, bent or Typology of Bias : Pecuniary Bias : Direct interest in the proceeding or Direct interest in the decision Irrespective of the Quantum He is disqualified to adjudicate Personal Bias : This is the outcome of a Relation Natural relation Professional relation Professional Hostility Friendships Of the judge and with the parties where a judge had acted as counsel in earlier stage Where the officer who was the witness in the original Inquiry ,heard the appeal Where deciding authority is also a complainant
Subject: Administrative law
Standard: LL.B second year
Topic: Principles of Natural Justice
MUNIR HUSSAIN KTK Lecturer UNIVERSITY LAW COLLEGE
QUETTA
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Objectives To Learn
1. the principles of natural justice
2. Exceptions
Preventive action
Emergency
Confidential inquiry
Pecuniar Personal OSubject
Pre conceived notion
Statutory exclusion
Public interests
Impracticable
Exceptions