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Showing posts from August 28, 2014

There could be another way of citing judgments of HC/SC

In my limited understanding of the things, I write… 1.       The HC/SC, everyday, lays down so many propositions of law, while they interpret the laws. 2.       It is well settled that HC/SC interpret the provision of any law, in its letter and spirit, and, ordinarily, they don’t invent or legislate; and therefore, ordinarily, the law laid down in any of the judgments are applied retrospectively, suggesting that, “the law laid down” was in fact the intent of the law at the time of its enactment, and said proposition has not emerged by reason of court judgment. 3.       In our pleadings / arguments before the Court, invariably, we rely on, one or the other HC/SC judgments, advancing the proposition of law illustrated in the said judgment. 4.       My proposition is: In our pleadings / arguments, instead of stating / arguing that “HC/SC has said this, or has laid down the said proposition of law”, the “proposition of law” laid down may be stated /argued in the first in