Appellant was working as Assistant Company Secretary for the period between June 2008 to May 2010 in Utkal Investments Limited and that she was working as Management Trainee in the Delhi Stock Exchange Association Limited for the period between April 2005 to June 2006, and as the Management Trainee in ONGC for the period between May 2003 to June 2004.
It was held that: Her appointment as Management Trainee cannot be equated and/or considered as appointment ‘as’ a Company Secretary.
Continue reading “What is the meaning of “experience as company secretary”?”
Principles of interpretation
An ebook by Sandeep Bhalla.
Principles of interpretation is a kindle ebook, written for beginners and expert alike for those interested in law. Reading laws i.e. bare legislation itself can be tedious. In law an ‘and’ is not always an ‘and’ but can be an ‘or’. ‘Shall’ can be ‘may be’ or ‘vice versa or a ‘must be’, depending upon the context. Here is a book to understand this jargon:
The book cites precedents and where available, citations are linked to the live source of the judgement relied upon. A must for a practising lawyer and a student alike.
Clicking the picture above shall take you to Google play book store’s relevant page. Using Iphone or Kindle paperwhite? No problem. Click on this picture below to read Principles of Interpretation on Amazon Kindle. Continue reading “Principles of interpretation of laws in India”
A judgement should not be read as a statute.
Judgement in the context:
Every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generality of the expressions, which may be found that they are not intended to be expositions of the whole law but governed or qualified by the particular facts of the case, in which such expressions are to be found. (per Lord Halsbury in Quinn v. Leathem, 1901 AC 495.)
Judgement as precedent:
In London Graving dock co. Ltd. vs. Horton (1951 AC 737 at p. 761), Lord Mac Dermot observed:
The matter cannot, of course, be settled merely by treating the ipsissima vertra of Willes, J. as though they were part of an Act of Parliament and applying the rules of interpretation appropriate thereto. This is not to detract from the great weight to be given to the language actually used by that most distinguished judge.
In Home Office vs. Dorset Yacht Co. (1970 (2) All ER 294) Lord Reid said:
Lord Atkin`s speech is not to be treated as if it was a statute definition it will require qualification in new circumstances.
Megarry, J. in (1971) 1 WLR 1062 observed:
One must not, of course, construe even a reserved judgment of Russell L. J. as if it were an Act of Parliament.
In Herrington v. British Railways Board (1972 (2) WLR 537) Lord Morris said:
There is always peril in treating the words of a speech or judgment as though they arewords in a legislative enactment, and it is to be remembered that judicial utterances aremade in the setting of the facts of a particular case. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.
The following words of Lord Denning in the matter of applying precedents have become locus classicus:
Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should avoid the temptation to decide cases (as said by Cardozo, J. ) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive.
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Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path of justice clear of obstructions which could impede it.
Judgement be read in the context of facts:
Court should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are neither to be read as Euclid`s theorems nor as provisions of the statute and that too taken out of the context. These observations must be read in the context in which they appear to have been stated. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for judges to embark into lengthy discussions but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes.
Bharat Petroleum Corporation Ltd. v. N.R.Vairamani, AIR 2004 SC 4778.