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SECTION



The  section-alization  of Injunctions of Law indicates that every Injunction of law has defined territory (four corners).

Whereas every section deals with a specific kind of situation / issue, the said  Section-alization  also gives distinct identity to the concerned Injunction, to the exclusion of other Injunctions, notwithstanding the fact that Acts of Legislature are always considered as a “scheme”, and a  section cannot be completely read in isolation with other Injunctions of the said Act, or other Acts.

And when the Injunction has invariably consigned a definite territory, it hardly gives any discretion to the administering person, for, the mandate of Law is always couched in “COMMAND”;

And I would go on to say that “Law” and “Discretion” are mutually inconsistent terms, for, if we have a mandate of law for a particular issue, one ceases to have any discretion, except to the extent, wherein the Injunction itself confers some “defined” degree of discretion to the administering authority; also exception to the extent, the “Inherent powers” of the Courts to do “justice”, for, when there is a conflict between the “Law” and “Justice”, the “Law” shall yield to the “Justice”, for, codified Laws comes into being to serve humans, and not the other way.

And, therefore, when the “material facts of the case” are not in controversy, the administering person hardly has any discretion while applying Injunctions of Law to the undisputed facts of the case, provided, its applicability to the facts of the case, is not in question.

Thus, I say, the section-alization of Laws, invariably indicates that there should be objectivity in the delivery of justice.



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