the courts need to pass a reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned counsel for the parties in support of its conclusion.
Category: Judiciary
Globally Harmonized System of Classification and Labeling of Chemicals
Globally Harmonized System of Classification and Labeling of Chemicals - objective is to build a harmonized system to address the labeling and classification of toxic chemicals. International organizations taking part in coordinating the work of GHS are the International Labour…
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GATT – General Agreement on Tariffs and Trade
General Agreement on Tariffs and Trade - superseded as an international organization by the WTO. An updated General Agreement is now the WTO agreement governing trade in goods. GATT 1947: The official legal term for the old (pre-1994) version of…
Free Trade Agreement
Free Trade Agreement – a form of international economic integration, in which those parties who sign the agreement agree to abolish tariffs and other trade barriers on most, if not all of each other’s products, services, investments, and intellectual properties.…
Electronic Commerce
A term used to indicate the implementation of trading transactions based on electronic devices, particularly the Internet and WWW (World Wide Web – webpages or website). Examples include the display of product images and business information on the website, or…
Subordinate and Trial Judges’ Handbook
Technical Terms Adjournment - Adjournment of cases of all kinds for hearing shall only be granted on proper application filed by Advocate-on-Record except where it is sought by a party conducting his case in person. ‘Advocate’ means a person whose…
Rule of Law by Venice Commission – 2011
After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in soft law; in national law, they appear as a main feature of the state in the constitutions of Germany as well as of a number of former socialist countries of Central and Eastern Europe. The notion of the Rule of Law is however often difficult to apprehend in former socialist countries, which were influenced by the notion of socialist legality.
KERALA STATE HIGHER JUDICIAL SERVICE EXAMINATION QUESTION PAPER PATTERN
Objective Type Multiple Choice questions shall also contain questions with multiple correct answers and in such questions all the correct answers are to be marked/indicated. If the candidate darkens any of the wrong answer options or darkens only a part of the correct answer options, it will be treated as incorrect answer
The Principles of ‘Justice’- H.M. Hyndman, William Morris, and J. Taylor-1884
Party government indeed means nothing better than party trickery to those who furnish the entire wealth of the country. Tories and Liberals only vie with one another as to which shall most dexterously shelve the pressing social questions of our time. We look for no improvement whatever under the existing Parliamentary system.......
Natural law-Oliver Wendell Holmes
The jurists who believe in natural law seem to me to be in that naïve state of mind that accepts what has been familiar and accepted by them and their neighbors as something that must be accepted by all men everywhere. No doubt it is true that, so far as we can see ahead, some arrangements and the rudiments of familiar institutions seem to be necessary elements in any society that may spring from our own and that would seem to us to be civilized—some form of permanent association between the sexes—some residue of property individually owned—some mode of binding oneself to specified future conduct—at the bottom of all, some protection for the person.
Law in science and science in law-Oliver Wendell Holmes
The growth of education is an increase in the knowledge of measure. To use words familiar to logic and to science, it is a substitution of quantitative for qualitative judgments. The difference between the criticism of a work of art by a man of perception without technical training and that by a critic of the studio will illustrate what I mean. The first, on seeing a statue, will say, "It is grotesque," a judgment of quality merely; the second will say,
Theory of Legal Interpretation-by Oliver Wendell Holmes, Jr.
The question is how far the law ought to go in aid of the writers. In the case of contracts, to begin with them, it is obvious that they express the wishes not of one person but of two, and those two adversaries. If it turns out that one meant one thing and the other another, speaking generally, the only choice possible for the legislator is either to hold both parties to the judge's interpretation of the words in the sense which I have explained, or to allow the contract to be avoided because there has been no meeting of minds.