Article 141 in the Constitution of India 1949: The law declared by the Supreme Court shall be binding on all courts within the territory of India.
LAW is a simple subject. It ought to be simple, because it is all about regulating the conduct of our society, institutions and government. It does not require a great intelligence to understand that it cannot be as complex as rocket science. However, if you enter a lawyer's chamber, you will find tomes of law reports, textbooks and commentaries. Judgments in simple cases, for instance, arising out of a dishonour of a cheque, matrimonial dispute, bail, recovery of debt due to a bank, sometimes run into hundreds of pages. Why?
Often a lay litigant-possibly involved in a cheque bounce case or a motor accident case or a matrimonial dispute-will find nary a reference to the particular case in point, but hundreds of pages of extraction after extraction of cases decided in the past between third parties instead. The litigant is aghast, and wonders why the judge has taken so much time to discuss some past cases where he has discussed practically nothing about his own case.
However, lawyers and judges find nothing wrong with this.
Why do lawyers and the litigants perceive things so differently? The reason is simple. Lawyers, from the very first day of their practice, find their seniors citing large number of judgments in support of their respective cases and the judge listening to them patiently and religiously, referring to the judgments that were cited, nay, quoting them extensively. He would have found that seniors are unable to argue more than one or two minutes without citing judgements, even on a simple issue, such as nonobservance of principles of natural justice. There are only two principles of natural justice: (a) hear the other side (b) nobody shall be a judge of his own cause. But there are thousands upon thousands of reported judgments on the same issue.
この記事は India Legal の February 28, 2022 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です ? サインイン
この記事は India Legal の February 28, 2022 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です? サインイン
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
