“When a Court ignores the binding precedent of a Larger Bench, the Judgment so delivered is held to be per incuriam and has no precedential value. The principle of per incuriam has been developed by the English Courts in relaxation of the rule of stare decisis. In practice per incuriam is per ignoratium. See, Paragraph […]
Read more "Per Incuriam II"“Court’s task is to ascertain the intention of the parties by examining the words they used and giving them their ordinary meaning in their contractual context. It must start with what it is given by the parties themselves when it is conducting this exercise. Effect is to be given to every word, so far as […]
Read more "‘Well-Known’ Principles of Interpretation"“Section 12(5) is a new provision which relates to the de jure inability of an Arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non-obstante clause in Section 12(5) the moment any person whose relationship with the parties or the counsel or the subject matter […]
Read more "Section 12(5) of The Arbitration Act III"My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of the Poor of the West Derby Union v. The Guardians of the Poor of the Atcham, (1889) 24 QBD 117. The question […]
Read more "Ratio Decidendi"“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"