Monday, October 15, 2012

EMINENT LEGAL QUOTES


Legal Quotes

Power to frame a policy by executive or legislative decision included the power to withdraw the same1.

Benefits extended to some persons in an illegal or irregular manner cannot be claimed by others on the plea of equality2.

Rule of the game cannot be changed after the game is over3.

The procedure for depriving a person of his life or liberty should be fair, reasonable and just4.

Government is not accountable to the courts in respect of policy decisions. However, they are accountable for the legality of such decisions5.

It is trite law that justice should not only be done but it should be seen to have been done6.

The concept of adverse possession of lien on post or holding over is not applicable in service jurisprudence7.

An illegality cannot be regularized, particularly, when the statue in no unmistakable term say so8.
Necessity knows no law. A person may sometimes have to succumb to the pressure of the other party to the bargain who is in a stronger position9.

Ignoring our commitments may make us rationale but not free. It cannot make us maintain our constitutional identity10. - Rubenfeld

The letter of the Government permitting regularization of possession of unauthorized occupants is not valid. Such letters are wholly illegal and without jurisdiction. Such illegalities cannot be regularized11.

Our Constitution envisages rule of law and not rule of men12.

Prepared by: S. Hemanth       

END NOTES


1
M/s Bajaj Hindustan Ltd V Sir Shadi Lal Enterprises Ltd. & Ors; - 2011 AIR SCW 1102, para 27

2
Secretary, Jaipur Development Authority, Jaipur V Daulat Mal Jain - (1997) 1 SCC 35

3
State of Orissa & Anr V Mamata Mohanty - 2011 AIR SCW 1332, Para 31

4
Maneka Gandhi V Union of India - AIR 1987 SC 597

5
Center for PIL V Union of India & Anr; - 2011 AIR SCW 1690

6
K. Anbazhagan V Superintendent of Police; - (2004) 3 SCC 767

7
Dr. M.S Patil V Gulbarga University & Ors; - AIR 2010 SC 3783

8
Secretary, State of Karnataka V Umadevi - (2006) 4 SCC 1
9
Chairman and MD, NTPC Ltd V Reshmi Constructions, Builders & Contractors; - (2004) 2 SCC 663

10
M.Nagaraj & Ors V Union of India & Ors; - AIR 2007 SC 17

11
Jagpal Singh & Ors V State of Punjab & Ors.; - 2011 AIR SCW 990

12
Harikrishna Punaroop & another V State of Karnataka & others; - 2011 (1) kar.L.J 631


Monday, October 15, 2012

EMINENT LEGAL QUOTES


Legal Quotes

Power to frame a policy by executive or legislative decision included the power to withdraw the same1.

Benefits extended to some persons in an illegal or irregular manner cannot be claimed by others on the plea of equality2.

Rule of the game cannot be changed after the game is over3.

The procedure for depriving a person of his life or liberty should be fair, reasonable and just4.

Government is not accountable to the courts in respect of policy decisions. However, they are accountable for the legality of such decisions5.

It is trite law that justice should not only be done but it should be seen to have been done6.

The concept of adverse possession of lien on post or holding over is not applicable in service jurisprudence7.

An illegality cannot be regularized, particularly, when the statue in no unmistakable term say so8.
Necessity knows no law. A person may sometimes have to succumb to the pressure of the other party to the bargain who is in a stronger position9.

Ignoring our commitments may make us rationale but not free. It cannot make us maintain our constitutional identity10. - Rubenfeld

The letter of the Government permitting regularization of possession of unauthorized occupants is not valid. Such letters are wholly illegal and without jurisdiction. Such illegalities cannot be regularized11.

Our Constitution envisages rule of law and not rule of men12.

Prepared by: S. Hemanth       

END NOTES


1
M/s Bajaj Hindustan Ltd V Sir Shadi Lal Enterprises Ltd. & Ors; - 2011 AIR SCW 1102, para 27

2
Secretary, Jaipur Development Authority, Jaipur V Daulat Mal Jain - (1997) 1 SCC 35

3
State of Orissa & Anr V Mamata Mohanty - 2011 AIR SCW 1332, Para 31

4
Maneka Gandhi V Union of India - AIR 1987 SC 597

5
Center for PIL V Union of India & Anr; - 2011 AIR SCW 1690

6
K. Anbazhagan V Superintendent of Police; - (2004) 3 SCC 767

7
Dr. M.S Patil V Gulbarga University & Ors; - AIR 2010 SC 3783

8
Secretary, State of Karnataka V Umadevi - (2006) 4 SCC 1
9
Chairman and MD, NTPC Ltd V Reshmi Constructions, Builders & Contractors; - (2004) 2 SCC 663

10
M.Nagaraj & Ors V Union of India & Ors; - AIR 2007 SC 17

11
Jagpal Singh & Ors V State of Punjab & Ors.; - 2011 AIR SCW 990

12
Harikrishna Punaroop & another V State of Karnataka & others; - 2011 (1) kar.L.J 631