principles of natural justice

1. 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
www.facebook.com/pages/Corridor-to-Commercial-Law
Objectives
To Learn
1. the principles of natural
justice
2. Exceptions
Preventive action
Emergency
Confidential inquiry
Pecuniary
Personal OfficialSubject matter
Pre conceived notion
Statutory exclusion
Public interests
Impracticable
thearing
Exceptions