cases, such apprehension should be a reasonable apprehension which arises in the facts and circumstances of the case. The existence of bias or otherwise, being ... against whom an apprehension of bias or prejudice is alleged is examining the allegation of bias. The complaint of bias by the petitioner which
Whether it is sufficient to merely allege an apprehension
of bias that therefore, justice will not be done and judge
must recuse himself from hearing ... case?
(paras 40 to 52)
V. Reasonable apprehension of bias - tests (paras 53 to 72)
VI. Consideration of the applications on merits
(para
category of bias - personal bias which is also termed by Garner () as 'appearance of bias'. For this category of bias the test laid ... rise to reasonable apprehension of bias in the mind of the person complaining of bias taking care that apprehension is not vague, whimsical or capricious
held that in the facts and circumstances of the case, the apprehension of bias of the first respondent is reasonable and as such, the learned ... petitioner, with regard to the question of bias, likelihood of bias and the reasonable apprehension of bias, has to be accepted. At the same time
Digitally Signed
By:NEHA
Signing Date:19.04.2022
12:24:10
purported apprehension of bias, significantly although the various interim
orders passed by the Family Judge ... circumstances would feel a
serious apprehension of bias.‖
21. Though the standard of bias is one of apprehension, rather than of
proof, the apprehension
inference that the apprehension of bias on the part of the petitioner is
reasonable. In support of the said submissions, reference was made ... contention that the conduct of the Arbitrator justifies a reasonable
apprehension of bias. In particular, the petitioner referred to the observation
at paragraph 3 that
likelihood of bias. It is well settled that there
must be a real likelihood of bias and not mere
suspicion of bias before the proceedings ... test of bias laid down by various judicial pronouncements
speak of a real likelihood of bias. A fanciful or whimsical
apprehension in the minds
above facts, which are in
themselves sufficient to cause justifiable apprehension of
bias and fear of partiality and denial of equality in the
minds ... impartiality of the
Arbitrator and the Respondent No.2 raises justifiable
apprehension of bias on the part of the Arbitrator and the
Respondent
Petitioner-CBI ....................................................... 23
ANALYSIS & FINDINGS .............................................................................27
A. ALLEGED APPREHENSION OF BIAS IN VIEW OF THE
ORDER DATED 09.03.2026 ........................................................................... 27
(i) Advance Service of Respondents ... DATES GIVEN IN OTHER CASES BY THIS
COURT.................................................................................................................. 46
C. ALLEGED APPREHENSION OF BIAS ARISING FROM
EARLIER DETAILED JUDGMENTS OF THIS COURT ................. 53
(i) Earlier
BIAS .............................. 12
Section 408 of Cr.P.C...................................................................................12
Decoding Bias ...............................................................................................13
Judicial Precedents Defining Bias...............................................................13
The Test of Real Apprehension and Likelihood ... apprehension the state of the mind of
the person who entertains the apprehension is no doubt
relevant but that is not all. The apprehension must
