“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND. Gypsum (Calcium Sulphate Dihydrate): Natural Mineral. Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable […]
Read more "Euclid’s Theorem II"There is always much to study in a dissenting opinion. Dissents in Constitutional Law Matters are remembered/revered – Dissents in Criminal Law Matters produce intense causes of concern. How best can one ensure advancement of justice, if Supreme Court Judges disagree on a crime? There would be a day surely when 5/7/9 or perhaps 13 […]
Read more "Section 372 of The Code of Criminal Procedure, 1973"Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]
Read more "Section 5(1) + Section 15 of The Hindu Marriage Act"My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]
Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"In Gibson v. Skibs, (1966) 2 All ER 478 it was held that “prima facie one would expect that when two different words, although practically synonymous in ordinary use, are employed in different parts of the same regulation dealing with the same kind of topic, they are intended to have some different meaning.” The SC […]
Read more "Synonymous Words, Different Meanings"“The Common Law rule of construction “verba chartarum fortius accipiuntur contra proferentem” means that ambiguity in the wording of a policy is to be resolved against the party who prepared it. MacGillivray on Insurance Law [9th ed., 1997] deals with the rule of Contra Proferentem as follows: “The Contra Proferentem rule of construction arises only […]
Read more "The Contra Proferentem Rule IV"“It needs no special emphasis to mention that provisos can serve various purposes. The normal function is to qualify something enacted therein but for the said proviso would fall within the purview of the enactment. It is in the nature of exception. Hidayatullah, J. had observed that a proviso is generally added to an enactment […]
Read more "The Proviso"