AIR 2013 (NOC) (SUPP) 1048 (BOM.) ::2012 (5) AIR Bom R 211

Bombay High Court

Hon'ble Judge(s): S. A. Bobde, R. D. Dhanuka, S. A. Bobde, R. D. Dhanuka , JJJ

(A) Constitution of India Art. 14 — Natural justice — Right of party to litigation to be heard by impartial unbiased tribunal/Court — Can be waived — Objection that a decision maker is biased cannot be reserved — Party cannot allow proceedings to go on and then use it as a trump card to have the decision vitiated if it goes against him {" Now, it is settled law that a judge or a decision maker is disqualified if he becomes a judge in his own cause and that a person having interest in the subject matter of cause is precluded from acting as a judge. It is equally well settled that an objection that a decision maker is biased or acting as a judge in his own cause cannot be reserved and a party cannot allow the proceeding to go on and then use it as a trump card to have the decision vitiated if it goes against him. The two main principles of natural justice : ' œaudi alteram partem' ‌ and ' œnemo debet judex in causa sua' ‌ which may be said to involve conferral of a right to be heard before being condemned and the right to an impartial unbiased tribunal. These rights are given for the advancement of justice and promotion of fairplay in action. They apply to judicial, quasi judicial and administrative action. It is well-settled that these rights can be waived. If a man, having a reasonable apprehension that the judge is biased, chooses to remain silent and does not object to the presence of the judge and allows the proc....