A pharmaceutical company, Moon Pharma Ltd., filed a patent infringement lawsuit against a small Biotech startup, Deep Ltd. The case was heard by Judge M, who held significant shares in the Moon Pharma Ltd. Judge M ruled
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
A pharmaceutical company, Moon Pharma Ltd., filed a patent infringement lawsuit against a small Biotech startup, Deep Ltd. The case was heard by Judge M, who held significant shares in the Moon Pharma Ltd. Judge M ruled in favour of Moon Pharma Ltd. Should Judge M have abstained himself from the case on the basis of principle of Natural Justice ? Elaborate.
Answer & Explanation:
Principle of Natural Justice: Rule Against Bias (Nemo Judex in Causa Sua) One of the fundamental principles of natural justice is "Nemo Judex in Causa Sua" , which means 'no one should be a judge in his own cause'. This rule ensures impartiality and fairness in judicial and quasi-judicial proceedings. Bias refers to an operative prejudice, whether conscious or unconscious, in relation to a party or issue. The presumption is that a person cannot make an objective decision if they have an interest in the matter. The rule against bias has two main aspects: The judge must not have any direct personal stake in the matter at hand. There must not be any real likelihood of bias. Bias can be of the following three types: Pecuniary Bias: Any financial interest, however small, in the outcome of the case, will vitiate the adjudication. The judicial approach is unanimous that pecuniary interest disqualifies a person from acting as a judge. Personal Bias: This arises from a relationship (friendship, kinship, hostility) between the judge and a party, or a personal prejudice against a party. Subject Matter Bias: This occurs when the judge has a direct connection with the subject matter of the litigation, or is himself a party to the dispute. In the given situation: Judge M heard a patent infringement lawsuit between Moon Pharma Ltd. and Deep Ltd. Judge M held significant shares in Moon Pharma Ltd. Judge M ruled in favour of Moon Pharma Ltd. Judge M's holding of significant shares in Moon Pharma Ltd. constitutes a direct pecuniary bias . This financial interest, regardless of its size, creates a clear conflict of interest and violates the principle of nemo judex in causa sua . The presence of such an interest compromises judicial impartiality and fairness. Conclusion: Yes, Judge M should have abstained himself from the case on the basis of the principle of Natural Justice. His financial interest in Moon Pharma Ltd. would lead to a reasonable apprehension of bias, making his decision susceptible to challenge and potentially void.
Topics: Administrative Law
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