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Can one be totally unbiased while taking major decisions ?
in General Discussions
In most cases people let their personal preferences and likes to alter their judgments/decisions s while taking any major decision.It can happen anywhere like for example in a court room , the judge might be swayed if the litigators are known to him.Similarly, a politicians can also do the same esp so because they have a lot of power in their hand.We see this happening all the time in every walk of life ,even on online forums ....So one wonders whether it is human nature to let this happen or whether people can rise above such personal feelings and do a fair job while taking major decisions ...

Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!

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    Judges are supposed to be completely guided by the legal principles and evidences adduced before them and the scope for bias playing any role does not arise. A good judgment is always a speaking one. A speaking order of a judge dwells on the reasons on the basis which he or she arrives at a decision. Thus the scope for subjectivity is very less. More so as all the judgements delivered by judges of courts below the highest court are liable to be set aside if any bias taint those judgments!
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    The judges are more or less unbiased as they work according to law. It is possible that in some cases the parties are related to judges. The advocate pleading the case could be related. Mostly in such cases, judges transfer the cases to some other judge clearly mentioning their extent of interest in the case. when a judge has any interest in outcome of case, he should not be judge in that case. By and large, judiciary is still unbiased and impartial, especially at higher level.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

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    I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
    It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!

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    As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

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    I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
    It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...


    It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!
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    I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
    It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...


    It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!


    No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..

    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!

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    I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
    It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...


    It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!


    No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..


    I agree that cost is becoming prohibitive and almost unaffordable for the people and this is an area which can do with very urgent judicial reform. I would like to have a concept like judicial accountability or audit in this regard so that judges delivering these mala fide judgement are duly called to account for these kinds of judgments.
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    To be frank it very difficult to do that and i salute that person who can be totally unbiased in major decisions. After all we are human. Our emotions will take us somewhere.
    Life is a box of Chocolate, You never know what you gonna get.... :)
    www.InstantKhichri.blogspot.in
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    Its human tendency to favour people whom we know I would do the same but when the decision has to be taken by a judge or decision may have a greater impact I won't be biased. As far as Online forum is concerned every where rules are there and big bosses should follow them also there should be someone above them too who can check their decisions. :)
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    I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
    It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...


    It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!


    No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..


    I agree that cost is becoming prohibitive and almost unaffordable for the people and this is an area which can do with very urgent judicial reform. I would like to have a concept like judicial accountability or audit in this regard so that judges delivering these mala fide judgement are duly called to account for these kinds of judgments.


    Apparently ,There is a provision for claiming the legal expenditures involved if the case goes your way and you are not the litigant.But, it is a long drawn out process and one would rather not go through it all over again...

    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!

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