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[SC] Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner.

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[SC] Probation of Offenders Act 1958 S. 3 , 11 - Conviction is under Section 504 IPC where the maximum sentence provided is two years -  There is no previous conviction - Released instead of carrying out the sentence after due admonition - IPC S. 504. 2022 SCeJ 0383

[SC] Interim order  -  It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.

Home Various Acts Practice and Procedure

[SC] Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner.

by Punjab Law Reporter
in Practice and Procedure
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Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner – At times, this Court refuses to go into the questions of law, when a single individual armed with an order in his favour from the High Court is pitted against the State – Whenever the State or instrumentalities of State come up with appeals challenging small benefits granted to individual litigants, this Court applies the test of proportionality to see whether the quantum of benefits granted to the individual concerned, justifies the examination of the question of law, at the cost of that little man from a far off place –  The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner – Practice and procedure.

2022 SCeJ 0385

Tags: Question of law, Test of proportionality
Tags: Question of lawTest of proportionality

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