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Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...
Character and antecedents
Character and antecedents, facts which become known to justices when they inquire into the circumstances of a case before deciding to proceed summarily may not be taken into consideration when they come to decide whether to commit for sentence, but where they have failed to make a proper inquiry before deciding to proceed summarily, they may have regard to facts relating to character and antecedents which have emerged subsequently, R.V. King's, Lynn, JJ., Carter Ex parte, (1969) 1 QB 488....
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
Interim orders/interlocutory orders
Interim orders/interlocutory orders, passed during the pendency of a case, fall under one or the other of the following categories:(i) Orders which finally decide a question or issue in controversy in the main case.(ii) Orders which finally decide an issue which materially and directly affects the final decision in the main case.(iii) Orders which finally decide a collateral issue or question which is not the subject-matter of the main case.(iv) Routine orders which are passed to facilitate the progress of the case till its culmination in the final judgment.(v) Orders which may cause some inconvenience or some prejudice to a party, but which do not finally determine the rights and obligations of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, r. 1...
Decisory
Able to decide or determine having a tendency to decide...
umpire
umpire : a person having authority to decide finally a controversy or question between parties: as a : one appointed to decide between disagreeing arbitrators b : an impartial third party chosen to arbitrate disputes arising under the terms of a labor agreement c : one appointed to mediate between the appraisers of an insured and insurer in order to determine the amount of a loss ...
Decree
An order from one having authority deciding what is to be done by a subordinate also a determination by one having power deciding what is to be done or to take place edict law authoritative ruunrunr decision...
Preliminary point
Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, been left undetermined, Vassantimal Devaldas v. Hiromal Mohammal, AIR 1947 Sind 94: 1946 ILR Kar 380: 227 IC 633.Means a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of action for the plaintiff or his 'locus standi' to bring to particular suit, Jit Kuarg Kehar Singh, AIR 1951 Pepsu 130.Preliminary point, refers to a point, the decision of which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case, Jit Kaur v. Kehar Singh, AIR 1951 Pepsu 364....
Qui aliquid statuerit parte inudita altera, 'quum licet dixerit, haud 'quum fecerit
Qui aliquid statuerit parte inudita altera, 'quum licet dixerit, haud 'quum fecerit. 6 Co. 52, (He who decides anything, one party being unheard, though he should decide right, does wrong.) See AUDI ALTERAM PARTEM....
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