A S Misra’s Law of Bias and Mala Fides by R. Prakash – 4th Edition 2007

Description

The book explains the law applicable to cases of Bias and Malafides, judicial as well as administrative, involving favouritism, prejudice, partiality, ill-will, spite, personal bias etc., by courts of law, domestic tribunals, Government, Ministers of Government, Administrative Officers, local authorities etc., when exercising a discretionary power vested in them by law.

The book also covers malafides of employers in labour and industrial cases. It gives the remedies that an aggrieved person can resort to under the law. Law, in the book, is stated not only in terms of propositions but at times explained for better comprehension by giving the factual setting in which it has been developed and applied.

The book deals with the topic in question in a manner that is unique. While Indian cases are comprehensively covered, English and some other foreign rulings which have been accepted by Courts in India as laying down the correct law, have also been included.

The learned author has divided the book into 22 chapters. It is novel in character, and the treatment by the author makes the subject palatable even to the ordinary layman.

• Cuttack Law Times :

The very presentation and the arrangement of the subject studded with the case-law point out the fact that the book is a must for every library. In conducting any domestic/departmental enquiry or proceeding, this book serves as a mariner’s compass

• Gujarat Law Reporter :

On the whole the book is commendable, lucidly written and analytical. Every student of law as well as persons of the legal profession must read this book. He has also indicated the constitutional and other remedies provided in law in respect of decisions or orders vitiated by bias and malafides. The subject has been dealt with in an analytical manner with the aid of rulings of Indian courts as well as English and other foreign courts. The author quotes the memorable words of Addision on the need for impartiality in administering justice. “Justice discards party, friendship and kindred and is therefore represented as blind”.

The present edition enjoys the benefit of enrichment of the textual material by the steady flow of cases on the subject. The book is the fruit of monumental learning and diligent research.