Biasness of Judges - Judges are expected to decide cases fairly and impartially, free from bias, arbitrariness, or perversity. The integrity of the justice system relies heavily on public faith in judicial impartiality. Any appearance or evidence of bias undermines the credibility of judicial decisions and the justice delivery system. Respect for judges is rooted in their impartiality and commitment to justice. BSES RAJDHANI POWER LTD VS State NCT Delhi - Delhi
Judicial Selection and Bias - There is generally no evidence of mala fides or bias in the selection processes for judicial appointments, such as the 1998-2000 batch, provided the process is conducted transparently and according to rules. The integrity of selection committees is crucial to maintaining public trust and avoiding perceptions of bias. Sirandip Singh Panag VS State of Punjab - Punjab and HaryanaRanjeet Singh VS State of HP - Himachal Pradesh
Safeguarding Impartiality - While judicial impartiality is fundamental to the rule of law, judges must also be protected against unfounded allegations of bias. When a connection or circumstance could reasonably create an apprehension of bias, judicial propriety demands recusal or other corrective measures. The principle emphasizes the importance of maintaining public confidence in the judiciary. AKASH WALIA Vs STATE OF HARYANA AND ANOTHER - Punjab and Haryana
Bias in Judicial Promotions and Transfers - Judicial assessments for promotions, such as suitability tests for Civil Judges, are based on evaluations by designated committees, aiming to ensure fairness. Transfer and promotion processes are designed to be objective, but perceptions of bias can arise if procedures are not transparent or properly followed. Ranjeet Singh VS State of HP - Himachal Pradesh
Bias in Administrative and Other Judicial Proceedings - Cases involving bias include challenges to appointments, departmental proceedings, or criminal trials where questions of bias or malafide are raised. The courts have held that bias or partiality, if proven, can vitiate proceedings. The questioning of witnesses by judges, if within the scope of judicial authority, does not necessarily indicate bias. Proper procedural safeguards are essential to prevent bias and ensure natural justice. Ranjit Kumar Jha S/o Badrinath Jha VS State of Bihar - PatnaSusanta Ghosh VS STATE OF WEST BENGAL - CalcuttaNalini Ranjan Borman VS On The Death of Nadia Chand Borman His Heirs, Smti Basana Bala - GauhatiICI AND ASSOCIATED COMPANIES EMPLOYEES UNION VS STATE OF WEST BENGAL - CalcuttaBimalendu Bhagabati VS Assam Govt. Const. Corporation Limited - GauhatiSk. Abdul Karim VS Union of India - Calcutta
Analysis and Conclusion - Judicial bias is a critical concern that can undermine the legitimacy of the justice system. While judges are expected to remain impartial, allegations of bias must be carefully examined, and procedural safeguards are necessary to prevent and address bias claims. The judiciary emphasizes the importance of maintaining public confidence through impartiality, transparent selection, and fair proceedings. Proper conduct and adherence to judicial ethics are essential to uphold the integrity of the judiciary.
The Citizens in return expect their judges to decide their cases fairly and impartially with no anger or sense of any biasness or arbitrariness. ... Out of respect for the justice delivery system and the position of a judge in this system, judges have been accorded respect traditionally by our citizens. ... Totally free from any biasness, perversity and arbitrariness with the overt commitment to the sense of justice. Our system of justice depends on the faith of the citizens. ... In the instant case, th....
Nothing on record which could spell out that entire selection process of 1998-2000 batch was vitiated on account of malafides or biasness ... Labour Law--Selection of Judicial Officers--Cancellation of appointments--Termination of Service--Allegation against certain Hon’ble Judges ... There is nothing on the record which could spell out that the entire selection process of 1998 batch was vitiated on account of mala fides or biasness or that the petitioners had acted in such a manner from the very beginning that the whole selection process....
The rigorous assessment is essential because while the protection of judicial impartiality is fundamental to the rule of law, judges especially the judicial officers must simultaneously be safeguarded against frivolous and factually unsupported imputations of biasness/prejudice. ... Where the Judge/Magistrate is conscious of or apprised of such a connection, which has the potential of creating apprehension of biasness/prejudice in the minds of a reasonable person, the paramount duty of judicial propriety compels an immed....
The Himachal Pradesh Judicial Service (Suitability Test for Promotion to the cadre of Civil Judges (Senior Division) from amongst ... the Civil Judges (Junior Division), Regulations 2009 were not ultra vires to the provision of Himachal Pradesh Judicial Service ... Whether the Himachal Pradesh Judicial Service (Suitability Test for Promotion to the cadre of Civil Judges (Senior Division) from ... The selection to the post in question has been made on the basis of the assessment made by the two committees constituted under the rules and re....
The court further highlighted the principle that necessity may override biasness in certain circumstances. ... Biasness - Appointment of Panchayat Teacher - Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006 ... Biasness Fact of the Case: The case involves a challenge to the appointment of a Panchayat Teacher in Bihar. ... Take the case of a certain taxing statute which taxes certain perquisites allowed to Judges. If the validity of such a provision is challenged who but the members of t....
TRANSFER OF TRIAL - BIAS OF PRESIDING JUDGE - Section 407 of the Code of Criminal Procedure - Trial court judge's questioning ... Finding of the Court: The court found that the questions put to the witnesses by the presiding judge were aimed at ... The court relied on Section 165 of the Evidence Act, which empowers the presiding judge to ask any question, relevant or irrelevant ... , but that does not demonstrate any biasness on his part. ... I am of the further opinion similarly the Learned Presiding....
and decree of the District Judge had been vitiated by biasness. ... Jurisdiction - Biasness - The court held that a judicial officer who had dealt with a suit as an original Court by passing judicial ... Issues: The issues involved the jurisdiction of the court and the biasness of the judicial officer in hearing the appeal. ... Lahiri, the learned counsel for the appellant, has contended that the District Judge had no jurisdiction to hear and dispose of the appeal, or, in any event, the judgment and d....
Suspension - Departmental Proceedings - IPC - Delay in Issuance of Charge Sheets - Acquittal in Criminal Case - Biasness and Malafide ... The petitioner filed a writ petition challenging the legality and validity of the departmental proceedings, citing biasness, malafide ... Issues: The issues involved delay in the issuance of charge sheets, biasness, malafide, and misuse of power by the respondent ... long 14 years and even after acquittal in the criminal case has not been reinstated in his service and who has been issued with a fresh c....
They also alleged biasness of the Tribunal against them. ... It also dismissed the biasness claim and held that the writ jurisdiction was not invoked with clean hands. ... Interlocutory Application - Abuse of Process - Incorporation of Word 'Workmen' - Biasness of Tribunal - Writ Jurisdiction ... Since it appears that the learned Judge who passed the order in the earlier proceeding of 2001 and the learned Judge who is hearing the matter, are different persons the submission as regards biasnes....
The petitioner alleged violation of natural justice and biasness in the departmental enquiry proceedings. ... Ram Lakhan Sharma, (2018) 7 SCC 670 to establish the violation of natural justice and the biasness of the enquiry officer.] ... and biasness of the enquiry officer in the departmental enquiry proceedings led to the court's decision to allow the writ petition ... Lahiri that in a departmental proceeding an enquiry officer is supposed to act impartially and in the event it is found he acted as a prosecutor it can be safely contended....
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