Various Acts
Judicial adventurism – Courts cannot “create rights” where none exists nor can they go on making orders which are incapable of enforcement or violative of other laws or settled legal principles.
Hon'ble Justice A.S. Anand, former Chief Justice of India has recently observed : "Courts have to function within the established...
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If there is a law, Judges can certainly enforce it, but Judges cannot create a law and seek to enforce it.
Hon'ble Mr. Justice J. S. Verma, the former CJI, in his Dr. K.L. Dubey Lecture: ...Judiciary has intervened to question...
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Judicial restraint and doctrine of separation of powers
Before adverting to the controversy directly involved in these appeals we may have a fresh look on the inter se...
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Judicial restraint in administrative action
Court observed that the modern trend points to judicial restraint in administrative action. The same view has been taken in...
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Judicial ‘over-reach’ and encroachment into the domain of the other two organs.
The theory of separation of powers first propounded by the French thinker Montesquieu (in his book `The Spirit of Laws')...
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If the judiciary does not exercise restraint and over-stretches its limits there is bound to be a reaction from politicians – The politicians will then step in and curtail the powers, or even the independence, of the judiciary
Judicial restraint - The moral of this story is that if the judiciary does not exercise restraint and over-stretches its...
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Judges must restrain themselves from the areas reserved to the other separate branches
Judicial restraint - Judges must restrain themselves from the areas reserved to the other separate branches. Thus, judicial restraint complements...
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Judges must know their limits.
Judges must know their limits. They must have modesty and humility, and not behave like emperors. The legislature, the executive...
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Service Matter – Back wages – Writ petitioner was gainfully employed . Order of 50% set aside
Service Matter – Back wages - Writ petitioner was gainfully employed and it is impossible to imagine that a Medical...
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Judicial restraint – It is time to reiterate that public officers should not be called to court unnecessarily
Judicial restraint - It is time to reiterate that public officers should not be called to court unnecessarily - The...
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Judicial restraint – Practice of summoning officers , deprecated
Judicial restraint - A practice has developed in certain High Courts to call officers at the drop of a hat...
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Reunion is the reversal of the process of partition
Reunion is the reversal of the process of partition, following was held in paragraphs 8 and 12:- "8. The basic...
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Words – “and” is used as conjunction – The use of word “or” is clearly distinctive
Interpretation - Words - “and”, “or” - The word “and” is used as conjunction - The use of word “or”...
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IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved
Indian Penal Code, 1860, Section 364A - Section 364A uses the word “or” nine times and the whole section contains...
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Words – “and” , “or”
Hyderabad Asbestos Cement Products and Anr. Vs. Union of India, (2000) 1 SCC 426, Court had occasion to consider Rule...
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