Law: Civil Procedure Code (V of 1908)

Section: 24

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Punjab Rented Premises Act, 2009

Section: 15,22

(a) Civil Procedure Code (V of 1908)--- ----S.24---Punjab Rented Premises Act (VII of 2009), Ss. 15 & 22---Constitution of Pakistan, Art. 10-A---Application for eviction of tenant---Transfer of eviction application---Bias in Rent Tribunal---Scope---Tenants filed application for transfer of eviction application which was dismissed by the District Judge---Contention of the tenants was that Rent Tribunal was biased against them---Petitioners had attributed bias on account of dismissal of their applications by the Rent Tribunal---Mere fact that Rent Tribunal had decided interlocutory applications against the petitioners was not sufficient to establish bias---Interim orders passed on applications were amenable to revisional jurisdiction---Nothing was on record to show that orders on applications were passed with mala fide or for consideration---Wrong order passed by the court in good faith would not furnish ground of bias---Petitioners had not been able to attribute bias---Nothing was on record to show that principles of natural justice were violated by the Rent Tribunal---Proceedings in the eviction petition were required to be conducted expeditiously---Short adjournments were hardly ground to attribute bias---Bona fide expeditious proceedings could not give cause of grievance to move for transfer of the eviction petition---District Judge had passed the impugned order through lawful exercise of jurisdiction---No jurisdictional error, factual or legal infirmity or irregularity was found---Revision was dismissed. Miss Benazir Bhutto v. The President of Pakistan and another 1992 SCMR 140 rel. (b) Bias in Judge--- ----Scope---Every citizen of Pakistan had right of fair trial by judicial minded person not functioning under influence---No golden scale was available to weigh the bias of a judge, however, question was whether particular judge was possessing judicial conscious---Circumstances of case could speak volumes for the bias---Judge might have bias in the subject matter which meant that he was himself a party or had connection with the litigation---Pecuniary interest of judge was also kind of bias---Judge might have personal bias towards party. Metropolitan…

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