Ponj

Question 1

Nemo Jude’s in causa sua

Types of bias

Answer 1

1. Personal bias - AK KRAIPAK vs UOI - selector was selected
2. Pecuniary bias - set aside the book list prepared by the commitee
3. Official bias - first GULLAPALI CASE - person against NATIONALISATION OF MOTOR TRANSPORT SCHEME
4. Judicial obstinacy - state of Bengal vs shivananda Pathak

Question 2

5 points under Audi Altrem partem

Answer 2

1. Adequate notice
2. Pre decisional hearing
3. Cross examine evidence and rt to rebut adverse evidence
4. Disclosure of all evidence to all parties
5. Speaking orders

Question 3

Reasoned decisions or speaking orders are held part of PONJ under which case

Answer 3

Siemens engg & manufacturing vs UOI

Question 4

5 reasons to give speaking orders

Answer 4

1. Clarity. Helps reader to fully understand the conclusions
2. Stands guard to non application of mind and arbitrariness. Public confidence
3. Higher authority to verify ( Maneka Gandhi case- rt to appeal stands futile )
4. Rational nexus between facts presented and conclusion arrived
5. Wider principle - justice must not only be done but must seen to be done
6. SN Mukherjee case - unless expressly barred by law or implied by public interest
7. Sunil Batra case