Jurisprudence
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What are Doctrines in Law?
Doctrines are established principles, rules, or theories that guide legal reasoning, interpretation, and application. 1. Introduction Doctrines are fundamental ideas that underpin legal systems and help shape judicial decisions. Doctrines often emerge from judicial decisions, statutory interpretation, and legal scholarship. 2. Definition and Purpose Doctrines are Principles of Law. They serve as guiding principles that…
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Lord Neuberger: No Judgment – No Justice
Lord Neuberger, the former President of the Supreme Court of the United Kingdom, discussed in the course of a lecture the importance of clearly written judgments: A second small change worth considering would be for more judges to give better guidance to the structure and contents of their longer Judgments. Some judges already provide a…
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Justice M.M. Corbett – Writing a Judgment – Extract
Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, in a lecture at an orientation course for new judges, recommended the following structure in writing a judgment which facilitates orderliness and produces a logical, flowing judgment: (a) An introductory section; (b) Setting out of the facts: (c) The law and the…
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What should be the Content of the Judgment?
“The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High…
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SC on Difference Between Ratio Decidendi and Obiter Dicta
The Supreme Court of India in Career Institute Educational Society vs. Om Shree Thakurji Educational Society, Special Leave to Appeal (C) Nos. 7455-7456/2023 stated:- “The distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by several judgments of this Court, but we would like to refer…
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Purposive Interpretation of Section 125 CrPC
“13.3. …purposive interpretation needs to be given to the provisions of Section 125 CrPC. While dealing with the application of a destitute wife or hapless children or parents under this provision, the Court is dealing with the marginalised sections of the society. The purpose is to achieve “social justice” which is the constitutional vision, enshrined…
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Suppression of Material Facts – Ground for Dismissal
“33. It is thus clear that though the appellant Company had approached the High Court under Article 226 of the Constitution, it had not candidly stated all the facts to the Court. The High Court is exercising discretionary and extraordinary jurisdiction under Article 226 of the Constitution. Over and above, a court of law is…
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