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1 - 9 of 9 (0.92 seconds)Section 11 in The Arbitration Act, 1940 [Entire Act]
Section 33 in The Arbitration Act, 1940 [Entire Act]
The Arbitration Act, 1940
Article 136 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Gullapalli Nageswara Rao Etc vs The State Of Andhra Pradesh & Others on 21 August, 1959
In the words of Lord O'Brien, LCJ there must be a real
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 can be quashed on the ground that the
person conducting the proceedings is disqualified by
interest. See in this connection Gullapalli Nageswara Rao v.
The State of Andhra Pradesh, [1960] 1 SCR 580 and Mineral
Development Ltd. v. State of Bihar, [1960] 2 SCR 609.
Ranjit Thakur vs Union Of India And Ors on 15 October, 1987
Recently this Court in a slightly different context in
Ranjit Thakur v. Union of India and others, A.I.R. 1987 S.C.
2386 had occasion to consider the test of bias of the Judge.
But there must be reasonableness of the apprehension of bias
in the mind of the party. The purity of administration
requires that the party to the proceedings should not have
apprehension that the authority is biased and is likely to
decide against the party. But we agree with the learned
Judge of the High Court that it is equally true that it is
not every suspicion felt by a party which must lead to the
conclusion that the authority hearing the proceedings is
biased. The apprehension must be judged from a healthy,
reasonable and average point of view and not on mere
apprehension of any whimsical person. While on this point we
reiterate that learned counsel appearing for the petitioner
in his submissions made a strong plea that his client was
hurt and had apprehension because the arbitrator being the
appointee of his client was not acceding to the request of
his client which the petitioner considered to be reasonable.
We have heard this submission with certain amount of
discomfiture because it cannot be and we hope it should
never be in a judicial or a quasi-judicial proceeding a
party who is a party to the appointment could seek the
removal of an appointed authority or arbitrator on the
ground that appointee being his nominee had not acceded to
his
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prayer about the conduct of the proceeding. It will be a sad
day in the administration of justice if such be the state of
law. Fortunately, it is not so. Vague suspicions of
whimsical, capricious and unreasonable people are not our
standard to regulate our vision. It is the reasonableness
and the apprehension of an average honest man that must be
taken note of. In the aforesaid light, if the alleged
grounds of apprehension of bias are examined, we find no
substance in them. It may be mentioned that the arbitrator
was appointed by the Chief Engineer of the petitioner, who
is in the service of the petitioner.
Ramnath Prasad vs The Collector Of Darbhanga And Ors. on 4 February, 1955
(Emphasis supplied)
See The Queen v. Rand and others, [1866] 1 Q.B. 230; Ramnath
v. Collector, Darbhanga, I.L.R. 34 Pat.
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