Explaining the meaning of quasi-judicial body Civil Appeal arising out of SLP (C) No. 23127 of 2018 Page 21 of 27 in Indian National Congress (I) vs. Institute of Social Welfare & Ors.3 , it was […]
Objects held sacred – Meaning of – Romesh Chunder Sannyal v. Hiru Mondal (1890) ILR 17 Cal. 852
In Julius v. Bishop of Oxford (1880) 5 A.C. 214 it was observed by Cairns, L.C., at pp. 222-223 that the words “it shall be lawful” conferred a faculty or power, and they did not of themselves do more than confer a faculty or power.
When language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise
Apex Court in the case of Union of India and Anr. v. Shardindu held that when language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise and the Court can interpret a law but cannot legislate. Therefore, recent trend for supplying gape in legislation is concerned, the Court will be loath in exercise of power under Article 226 of the Constitution of India
KEYWORD:-PAROLE- HARD LABOUR- OUTDATED LEGISLATION AIR 1980 SC 1579 : (1980) 2 SCR 557 : (1980) 3 SCC 488 : (1980) CriLJ SC 1099 (SUPREME COURT OF INDIA) Sunil Batra Appellant Versus […]
In order to steer clear of the above interpretation of Section 11 (2) learned counsel for the employees put forward the argument that the word ‘or’ occurring in the section should not […]
Union of India & Anr. Vs. M/s. Intercontinental Consultants and Technocrats Pvt. Ltd.[ALL SC 2018 MARCH]
KEYWORDS:- INTERPRETATION OF STATUTE DATE:-MARCH 07, 2018 Rule is that unless a contrary intention appears, a legislation is presumed not to be intended to have a retrospective operation. The idea behind the […]
It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non obstante clause or any contract or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non obstante clause would not be an impediment for an operation of the enactment.
Stare decisis is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against […]