Month: September 2023
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Speaking Order
Law and You > Administrative Law > Speaking Order Maxims “Nemo debet esse judex in propria causa” and “Audi alterem partem” are considered the two limbs of natural justice. Speaking order or reasoned order is considered as the third limb of natural justice. A reasoned decision is a decision which contains reason in its support.…
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Audi Alterem Partem
Law and You > Administrative Law > Audi Alterem Partem The second principle of natural justice is Audi Alterem Partem literally means: to hear the other side or no one should be condemned unheard. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of…
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Pecuniary Bias and Official Bias
Law and You > Administrative Law > Pecuniary Bias and Official Bias Pecuniary Bias: It is obvious that the decision of the adjudicator would be affected if he is having a pecuniary interest in the subject matter of the proceedings. There is a presumption that any direct financial interest, however small, in the matter in…
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Personal Bias
Law and You > Administrative Law > Personal Bias According to the ‘Lectric Law Library’s Lexicon, “Any mental condition that would prevent a judge or juror from being fair and impartial is called bias. A particular influential power which sways the judgment; the inclination or propensity of the mind towards a particular object. It may…
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Nemo debet esse judex in propria causa
Law and You > Administrative Law > Nemo debet esse judex in propria causa This principle “Nemo debet esse judex in propria causa” of natural justice is also known as the Rule of Bias or the Doctrine of Bias. The first principle of impartiality roughly translated into English means nobody shall be a judge in…
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Principles of Natural Justice
Law and You > Administrative Law > Principles of Natural Justice The principle of natural justice constitutes one of the most important concepts of administrative law. It is an expression of English Common Law having its origin in Roman phrase Jus natural (law of Nature). Natural justice is also referred as “substantial justice”, “fundamental justice”,…
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Plea Bargaining
Law and You >Procedural Laws > CrPC > Plea Bargaining (Ss. 265A to 265L) Delay and heavy workloads in the Courts have resulted in the informal system of pre-trial bargaining and settlement in some western countries, part5icularly in the United States. This system is commonly known as ‘plea bargaining’. In the most traditional and general…