CPC S. 100, 103 – Second appeal lies only on a substantial question of law
Second appeal lies only on a substantial question of law Civil Procedure Code , 1908 (V of 1908), Section 100, ...
CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies
CPC O. 42 R. 2, CPC O. 41 R. 31 Civil Procedure Code, 1908 (V of 1908), Section 104, Order ...
CPC S. 151- Inherent powers of the Court cannot override the express provisions of the law
Civil Procedure Code, 1908, Section 151 - Inherent power of the Court - Scope of - cannot override the express ...
If the legislature or the executive are not functioning properly, remedy is not in the judiciary taking over the legislative or executive functions
If the legislature or the executive are not functioning properly it is for the people to correct the defects by ...
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 ...
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 ...
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 ...
Doctrine of separation of powers
The Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions ...
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 ...
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') ...
Service matter – whether an order of dismissal can be said to be effective only from the date when it is made known or communicated to the concerned public servant.
State of Punjab V. Amar Singh Harika, AIR 1966 SC 1313 : (1966) 2 LLJ 188, where one of the ...
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 ...
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 ...
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 ...
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 ...
