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A.S. Misra Law of Bias and Mala Fides by R Prakash A.S. Misra Law of Bias and Mala Fides by R Prakash
A.S. Misra Law of Bias and Mala Fides by R Prakash
by R. Prakash
Edition: 4th Edition, 2007
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Product Details:
Format: Hardcover
Pages: 348 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9788170129125
Dimensions: 24.2 CM X 2.02 CM X 16 CM
Shipping Weight: 0.44045
Publisher Code: A/912
Date Added: 2007-03-03
Search Category: Lawbooks
Jurisdiction: Indian
Overview:

The book explains the law applicable to cases of Bias and Malafides, judicial as well as administrative, involving favouritism, prejudice, partiality, ill-will, spite, personal bias etc., by courts of law, domestic tribunals, Government, Ministers of Government, Administrative Officers, local authorities etc., when exercising a discretionary power vested in them by law.

The book also covers malafides of employers in labour and industrial cases. It gives the remedies that an aggrieved person can resort to under the law. Law, in the book, is stated not only in terms of propositions but at times explained for better comprehension by giving the factual setting in which it has been developed and applied.

The book deals with the topic in question in a manner that is unique. While Indian cases are comprehensively covered, English and some other foreign rulings which have been accepted by Courts in India as laying down the correct law, have also been included.

The learned author has divided the book into 22 chapters. It is novel in character, and the treatment by the author makes the subject palatable even to the ordinary layman.

Reviews

The book explains the law applicable to cases of Bias and Malafides, judicial as well as administrative, involving favouritism, prejudice, partiality, ill-will, spite, personal bias, etc., when exercising a discretionary power vested in them by law. The book also coveres malafides of employers in labour and industrial cases.

While the book covers Indian cases in a comprehensive manner, English cases and some other foreign rulings which have been accepted by Courts in India as laying down the correct law, have also been included. The author has divided the contents of the book into twenty two chapters. The book is novel in character and the treatment by the author makes the subject palatable even to the ordinary layman.

  • Cuttack Law Times :

The very presentation and the arrangement of the subject studded with the case-law point out the fact that the book is a must for every library. In conducting any domestic/departmetnal enquiry or proceeding, this book serves as a mariner's compass

  • Gujarat Law Reporter :

On the whole the book is commendable, lucidly written and analystical. Every student of law as well as persons of the legal profession must read this book. He has also indicated the constitutional and other remedies provided in law in respect of decisions or orders vitiated by bias and malafides. The subject has been dealth with in an analytical manner with the aid of rulings of Indian courts as well as English and other foreign courts. The author quotes the memorable words of Addision on the need for impartiality in administering justice. "Justice discards party, friendship and kindred and is therefore represented as blind".

 

The pressent edition enjoys the benefit of enrichment of the textual material by the steady flow of cases on the subject. The book is the fruit of monumental learning and diligent research.


Table Of Contents:
Table of  Cases
CHAPTER 1
INTRODUCTION
1. BiasA component of Breach of Natural Justice
2. Natural Justice in Administrative or Disciplinary Jurisdiction
3. Administrative or Quasi-Judicial PowerDistinction
4. ImpartialityAncient and Recent
CHAPTER 2
MEANING OF BIAS AND MALA FIDES: CONCEPT AND
SCOPE OF LAW THEREON
1. What is Bias
2. Bias and Partiality
3. Meaning of bad faith
4. Meaning of malice or mala fides
5. Doctrine of due process of Law: Principles of natural justice
6. Scope of Law of Bias and mala fides
7. Abuse or misuse of power
CHAPTER 3
KINDS OF BIAS AND THEIR DESCRIPTION
1. General
2. Bias of the subject-matter
3. Pecuniary Bias
4. Personal Bias
5. Legislative Bias
6. Reasonable Likelihood of BiasVitiating Factor
CHAPTER 4
JUDICIAL BIAS AND TRADITIONS OF JUDICIAL IMPARTIALITY
1. Implications and Scope of Judicial Bias and Misbehaviour51
2. Attempts to influence judges: Contempt of court
3. Certain Types of Judicial Intemperance and Impropriety; Abuse of Judicial Power
CHAPTER 5
DOCTRINE OF JUDICIAL NEUTRALITY AND CIVIL SERVICE ANONYMITY
1. Judicial Neutrality
2. Civil Service Anonymity
CHAPTER 6
PROOF AND ASSUMPTION OF BIAS; NO MAN SHALL BE A JUDGE IN HIS OWN CAUSE
1. Assumption of Bias
2. Proof of Bias and mala fides
3. Extension of the Principle of Direct Interest to Deputies
CHAPTER 7
DOMESTIC TRIBUNALS: BIAS IN DISCIPLINARY PROCEEDINGS
1. What are Domestic Tribunals?
2. Bias in Disciplinary Proceedings
3. Mala fide punishment orders
CHAPTER 8
BIAS AND MALA FIDES IN OTHER SERVICE MATTERS
 1. Charge-sheet in Departmental Enquiry with closed mindPresumption of Bias
 2. Expert Body opinion in AppointmentInterference when
 3. Bias and mala fides in compulsory retirement
 4. Compulsory Retirement as punishmentMala fide
 5. Reversion by way of punishmentTests
 6. Reversion when reduction in rank
 7. Mala fides in reversion
 8. Mala fides in character roll entries
 9. Reversion of a Temporary incumbent to original PostMala fide
10. Bias in termination of temporary service
11. Bias/Mala fides in promotion
12. Mala fides in refusal to give extension
13. Mala fides in Abolishing Post
14. Mala fides in Transfer order
15. In Contemplation of Disciplinary action
16. In Interview in Recruitment process
CHAPTER 9
OTHER CASES OF BIAS; PRO-MANAGERIAL BIAS; INDUSTRIAL ADJUDICATION
1. Natural Justice
2. Pro-Managerial Bias
3. Industrial Adjudication
CHAPTER 10
TOLERATION OF BIAS AND THE DOCTRINE OF NECESSITY
1. Toleration of Bias
2. Doctrine of Necessity
3. Effect of Waiver
4. Application of Rule of Estoppel to plea of bias
and mala fides
CHAPTER 11
SAFEGUARDS AGAINST BIAS AND MALICE
1. Safeguards against Judicial Bias
2. Safeguards against Political Bias
3. Safeguards against Bias of Administrative Officers
CHAPTER 12
JUDICIAL REVIEW OF EXECUTIVE AND LEGISLATIVE ACTIONS; ABUSE OF DISCRETIONARY POWER
1. Implication and Scope of Judicial Review
  (i) General
 (ii) Judicial Review of Executive Action
(iii) Judicial Review of Legislative Action 
2. Abuse of Discretionary power
CHAPTER 13
SOME UNREPORTED CASES OF ADMINISTRATIVE PARTIALITY AND ABUSE OF POWER
1. Cases of Ministers
2. Cases of Civil Servants
CHAPTER 14
REMEDIES AGAINST BIASED OR MALICIOUS ORDERS
  1. Constitutional Remedies
  2. Remedies under Administrative Tribunals Act, 1985
     Jurisdiction
  3. Civil Suit to Assail an Administrative OrderTenability
  4. Remedies under the Specific Relief Act
  5. Suit for Damages
  6. Penal Remedies
  7. Exercise of Administrative or Judicial PowerDe Facto
      Doctrine
  8. Transfer of case
  9. Void and Voidable Decisions
10. Remedies by Public Servants under the U.P. Public Services (Tribunals) Act, 1976
CHAPTER 15
AMERICAN TRENDS
1. Judicial Bias
2. Administrative Bias
CHAPTER 16
MISCELLANEOUS MATTERS
SECTION I
BIAS AND MALA FIDES IN RELATION TO
RULES OF NATURAL JUSTICE
1. Enumeration of Rules of Natural Justice and their concept
2. Aim of the Rules and Prohibition of Bias and Mala fides
SECTION II
DOCTRINE OF SUBJECTIVE AND OBJECTIVE
SATISFACTIONS
1.General Statement of the position
2. Meaning of Subjective and Objective
3. Supreme Courts Elucidation
4. Grounds on which Satisfaction can be challenged
SECTION III
DISTINCTION BETWEEN MALICE IN LAW AND? 
MALICE IN FACT
SECTION IV
NOTE ON QUASI-JUDICIAL DECISIONS VIS- A -VIS? 
BIAS AND MALA FIDES
APPENDICES
App. I Explanation of some Words and Phrases
App. II Abbreviations used
SUBJECT INDEX

 
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