The maxim ‘per incuriam’ is derived from the latin expression which means ‘through inadvertence’. “Incuria” means ‘carelessness’. In practice, per incuriam appears to mean per ignoratium. At times a decision may be given in ignorance or forgetfulness of some statutory provision or of some authority binding on the Court concerned,…
When two interpretations of a statute are possible, the Court may prefer and adopt the purposive interpretation having regard to object and intent of such a statute. Article 141 states that the law declared by the Supreme Court shall be binding on all Courts. To give this article a purposive…
Technically, apart from the findings of material facts a decision can flow from two basis one ratio decidendi and the other being obiter dicta. Ratio decidendi of a judgment may be defined as the principles of law formulated by the Judge for the purpose of deciding the problem before him…
Rule of Law means the supremacy of law or to put it according to A.V. Dicey, who for the first time in 1885 gave a systematic analysis of the rule of law in the context of British Constitution represented the rule of law in three approaches firstly, absence of arbitrary…
Natural justice is a pervasive facet of secular law, where a spiritual touch enlivens legislation, administration and adjudication to make fairness a creed of life. The principles of natural justice or fundamental principles of procedure for administrative action are neither fixed nor prescribed in any code. Natural justice has meant…
