LEARN LAW EASILY

WHAT IS ‘RULE OF BIAS’, WHAT ARE VARIOUS KINDS OF ‘BIAS’   The expression “No one should be a judge in his own case”  exists and is followed because it ultimately leads to the ‘Rule of Biases’ . Here, ‘Bias’ means an act leading to any unfair activity. It does not matter whether such activity done in a conscious state or in an unconscious state in relation to a party or a particular case. Hence, the need of this very rule is to make the Judge delivering the judgement impartial and give a judgement justly on the basis of evidence recorded as per the case.   Following are the various kinds of ‘Bias’:   1)    Personal bias   Personal bias is the type of ‘Bias’ which is said to arise from a relationship between the party and deciding authority of a proceeding. Such type of Bias leads the deciding authority to a doubtful situation which may force the authority to make an unfair activity and thus give judgement in favour of his per...

  RULE AGAINST BIAS-NO ONE SHOULD BE A JUDGE IN HIS OWN CASE   The expression justice is not capable of defining itself completely. Different individuals have different perspective of justice. In general terms, justice can be defined as a quality of being fair and just. It is to be noted that Principles of natural justice forms the very base of a fair hearing. This Principle of Natural Justice is considered by many an expression of English Common law. It is further considered that its origin is from the Roman phrase ‘Jus natural’. Jus natural means the law of the nature. Within the legal sphere, this expression is used in order to determine things like justice, fairness, and equality in the proceedings of a court. These principles are just not codified but also have been adopted by the courts or judicial authorities as a mean to protect the rights of the individuals against the arbitrary actions of any judicial or quasi-judicial authority or such figure. The concept of nat...