Drafting of Administrative Rules

A man may either be a solicitor or counsel (to which the author would like to add a judge) and yet not have had the training which is essential to make a good draftsman, for good draftsmanship is an art which calls for special qualifications and long experience. By it we mean the power of clear, lucid and simple expression of the intended purport.

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Barrister’s World and The Nature of Law

The printed word has held lawyers and legal academics in its spell for too long. Mostly, when we think about “law” or “Law”, we think of it as a body of clear printed texts which open themselves up to close textual analysis and which then “tell us” what to do. Yet the printed word has blinded us to the fact that much of what happens in law is not textual at all: it is to do with advocacy and persuasion. This blindness has been particularly apparent as it relates to what solicitors and barristers actually do: the research in this area is minute.

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  • Medical Assistance in Dying in Canada – Extract from First Annual Report on 2019 - This first report using data collected under Canada’s new monitoring and reporting system represents the collaborative efforts of federal, provincial and territorial governments and healthcare professionals to provide a comprehensive picture of the administration of MAID across the country.
  • Notes on Nationalism-George Orwell-1945 - By 'nationalism' I mean first of all the habit of assuming that human beings can be classified like insects and that whole blocks of millions or tens of millions of people can be confidently labelled 'good' or 'bad'.[See note, below] But secondly—and this is much more important—I mean the habit of identifying oneself with a single nation or other unit, placing it beyond good and evil and recognising no other duty than that of advancing its interests. Nationalism is not to be confused with patriotism.
  • Blocking Property With Respect to the Situation in Burma-Executive Order 12/02/2021 - I, JOSEPH R. BIDEN JR., President of the United States of America, find that the situation in and in relation to Burma, and in particular the February 1, 2021, coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country's democratic transition and rule of law, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat.
  • Export-Import Bank of United States added new electronic System of Records under Privacy Act-1974 - The Export-Import Bank of the United States (EXIM) proposes to add a new electronic System of Records, EXIM CRM (Customer Relationship Management), subject to the Privacy Act of 1974, as amended. This notice is necessary to meet the requirements of the Privacy Act which is to publish in the Federal Register a notice of the existence and character of records maintained by the agency.
  • Priorities for Care of the Dying Person - End-of-life care is the term used to describe the support and medical care given during the time surrounding death. Such care does not happen only in the moments before breathing ceases and the heart stops beating. Older people often live with one or more chronic illnesses and need a lot of care for days, weeks, and even months before death.

Current Judgments

  • A.Subramanian and Anr. Vs. R. Pannerselvam-08/02/2021 - SUIT FOR INJUNCTION-It is trite law that, in a suit for declaration of title, the burden always lies on the Plaintiff to make out and establish a clear case for granting such a declaration and the weakness, if any, of the case set up by the Defendants would not be a ground to grant relief to the Plaintiff. There cannot be any dispute to the proposition laid down by Supreme Court in the above cases. But coming to the facts in the present case the present suit giving rise to this appeal, was not a suit for declaration of title and possession rather the suit was filed for injunction.
  • Boloram Bordoloi Vs Lakhimi Gaolia Bank and Ors-08/02/2021 - it is well settled that if the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order on the basis thereof, no further detailed reasons are required to be recorded in the order imposing punishment.
  • Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors- 27/11/2020 - Court's power under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure while considering the applications for bail since the petitioner is already in Judicial custody. The legislature has provided specific remedy under Section 439 Cr.P.C. for applying for regular bail.
  • Rajesh Dhiman Vs State of Himachal Pradesh-26/10/2020 - Whether bias was caused by complainant also being the investigating officer? Whether alternate version has been established and what is the effect of lack of independent witnesses? Whether High Court erred in reversing acquittal in appeal?
  • Raveen Kumar vs State of Himachal Pradesh -26/10/2020 - (A) What is the scope and essence of the High Court’s appellate jurisdiction against a judgment of acquittal? (B) What is the extent of reliance upon a document with which the other side was not confronted with during cross­-examination? C) Whether non-examination of independent witnesses vitiates the prosecution case?

MORE…

  • Constitution of the Kingdom of Nepal 2047 (1990) - NOW, THEREFORE, keeping in view the desire of the people that the State authority and sovereign powers shall, after the commencement of this Constitution, be exercised in accordance with the provisions of this Constitution, I, KING BIRENDRA BIR BIKRAM SHAH DEVA, by virtue of the State authority as exercised by Us, do hereby promulgate and enforce this CONSTITUTION OF THE KINGDOM OF NEPAL on the recommendation and advice, and with the consent of the Council of Ministers.
  • Teaching of British history in English Schools-House of Lords debate-6/11/1997 - A great deal of learning among young people must take place outside the formal teaching that is given in our schools. One can get young people interested in British history, European history, the history of India and the history of many other parts of the world. What matters is that we teach well and in a way that engages and motivates pupils.
  • USA Preamble – Constitution of the United States - In 1908, the Supreme Court squarely adopted Justice Story's view of the Preamble in Jacobson v. Massachusetts , holding that while the Constitution's introductory paragraph indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded as the source of any substantive power conferred on the federal government.6 Instead, [s]uch powers embrace only those expressly granted in the body of the Constitution, and such as may be implied from those so granted.
  • Background of the Intellectual Property in Europe - The patent - after a long legal history which is linked, as might be expected, with the rise of technology and industry - has recently come to be subsumed under the term 'intellectual property' and is now closely related to forms of property ownership such as copyright and trade secrets, rather than its previous history of 'warrant' . It is a form of property which is much misunderstood both by the general public and also by many in the commercial and inventive communities to whom it is most directed. Many knowledgeable commentators reserve a measure of scepticism as to the utility of patents to inventors, a scepticism which is not to be found in other areas of intellectual property.
  • Bioengineered Foods and Allergic Reactions - Scientists report that only a fraction of the thousands of proteins in the diet have been found to be food allergens. Therefore, it is unlikely that most proteins introduced into food through bioengineering will be allergens. Additionally, scientists can determine whether a transferred protein has characteristics of known food allergens. To date, all new proteins in the bioengineered foods that will be sold in grocery stores have been shown to lack the characteristics of food allergens.

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