Nemo Judex In Causa Sua Case

Judges who find themselves in such a situation ought to recuse themselves.

Nemo judex in causa sua case. In this case it was held that the principle of nemo judex in causa sua shall be upheld and if there is a case where a person who is accused himself is the judge or has fiduciary relations with the adjudicator or in any manner whatsoever is likely to cause bias on the adjudication process then the judgment or order so passed shall not be valid and binding in nature. A case for the re evaluation of the composition and disciplinary powers of the national judicial council. Nemo iudex in causa sua 1. Justice must not only be done but must be seen to be done.

Breached the rules of natural justice i e. In brief words it means that nobody can judge on their own lawsuit otherwise there would be no fair justice. Of course all appeals are created by statute. Coke used the form aliquis non debet esse judex in propria natural justice in judicial process including therein quasi judicial and administrative process.

The audi alteram partem or the nemo judex in causa sua rule. The principle of natural justice encompasses following two rules. Nemo judex in sua causa this legal phrase comes from latin. Latin for no one should be a judge in their own cause.

Nemo iudex in causa sua. It refers towards a major legal principle which states that no person can judge a case in which he or she participates as a party i e. Nemo judex in causa sua or nemo judex in sua causa is a latin phrase that means literally no one should be a judge in his own cause it is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias even if there is actually none.

2 audi alteram partem hear the other side or both sides must be heard or no man should be condemned unheard or that there must be fairness on the part of deciding authority. Nemo judex in causa sua legal maxim by vikash kumar 2. Hence the appeal procedure in section 132 of the act to enable an. It is one of the cardinal rules of natural justice that no one should act as a judge a case in which they have a personal vested interest.

The principle of nemo judex in causa sua in this context connotes that an arbitrator should not be a judge in his own cause i e an arbitrator presiding over a dispute should not have substantial interest with the dispute or any of the parties to the dispute to the extent of influencing the outcome or to be seen to have influenced the outcome of the award. Nemo judex in causa sua. Or that it exceeded its jurisdiction ultra vives or that it assumed jurisdiction it did not have.