Jurisprudence

Strict adherence to procedural laws, especially in civil cases, is imperative.

Law, to survive, has to be logical.

Justice or morality do not signify any concept of precision as morality may fluctuate from one community to another and from one country to the other

Courts are not required to enforce moral standards but as courts of law are merely concerned with the enforcement of law enacted by the legislature

Courts of law are not mandated to rule on the basis of mere agony, unfortunate pain and helplessness

It is the duty of every court to implement the enforced laws and to decide the disputes in accordance therewith, rather than on the basis of compassion

Any relief granted on the touchstone of subjective standards of leniency and compassions, rather than the law, cannot be sustained.

Enforcement of a statute is not optional but a mandatory duty entrusted to every state functionary, a responsibility that comes with the authority and power vested in their positions

Such duty is not just about compliance rather it is about upholding rule of law

Failure to implement law results in grave violation of fundamental rights of those subject to it

When laws are not enforced, the vulnerable are left unshielded and their rights are trampled upon

When laws are not implemented, resulting in violation of rights of those whom law seeks to protect, the state functionaries responsible for such negligence must be held accountable

To turn a blind eye to breach of laws is to let the very foundation of justice crumble beneath our feet

Accountability must be order of the day, ensuring that those entrusted with power to enforce law do not shirk their responsibilities

Justice delayed is justice denied and every state functionary who fails to implement law is complicit in such denial.

Courts are not required to enforce moral standards but as Courts of law are merely concerned with enforcement of law enacted by Legislature.

Law means law made by Parliament or a Provincial Assembly and not administrative instructions, Standard Operating Procedures, guidelines or closet memorandums without any statutory backing.

Courts are not required to enforce moral standards but as Courts of law are merely concerned with enforcement of law enacted by Legislature.

Expeditious disposal of cases by ordinary courts cultivates public faith in rule of law.

Certain relationships, such as marriage and interactions within family, are left outside the domain of public law and are regulated by personal law of community in question

Customs and personal laws of communities are guided by their respective religious beliefs and edicts

Process of codification of personal laws of communities begins taking root, so codified statutory provisions as well as uncodified personal law both constitute sources of law guiding courts in reaching decisions in areas that traditionally belong to province of private law.

Essential elements of a legal right stated:

Right that so completely and definitely belongs to a person that it cannot be impaired or taken away without the person's consent is known to be a vested right

Such right is absolute, complete and unconditional to exercise of which no obstacle exists and which is immediate and perfect in itself and not dependent upon a contingency.

Generally, offender is responsible for the offence himself but in certain situations law may hold another person vicariously liable for it.

Adults are assumed to understand consequences of their actions and are accordingly held accountable for such consequences

Children are not assumed to have complete agency and law acknowledges that they may neither understand consequences of their actions nor can be held completely responsible for such actions

Every State through legislative enactment determines age at which a person is to be treated as an individual with autonomy and human agency for purposes of certain actions

Such is the age at which his or her actions are deemed valid and are to be given effect as he or she has capacity to understand their consequences and law accordingly holds such person accountable for them.

Meaning of legal system is derived from values in a given society.

Question of mistake of law or mistake of fact is more germane when it comes to specific intent offences or inchoate offences, such as 'attempts', where there is no actual damage inflicted on another individual or society and punishment is meted out for possessing a guilty mind and for taking actions inspired by such mind, in the interest of public policy motivated by deterrence theory of punishment and recidivism theory of punishment: to deter legally reprehensible conduct and protect society against a possible recurrence of defendant's harmful conduct

Deterrence is ineffective if act projected as an attempt to commit a crime is for want of knowledge regarding wrongfulness of the act

Ignorance of law not being an excuse is based on the logic that individuals are aware of natural consequences of their actions and if their actions would lead to an injury to another, they ought to be able to foresee such injury

In a case involving accusation of an attempt to smuggle, State seeks to enforce a civil right against citizen and not acting to protect other members of society from a direct injury

Object of deterring attempt is inspired not by interests of other members of society from being protected against violence or harm but by collective interest of society in enforcement of law.

Criminality of an act depends on intention of its doer and becomes offence when done with a guilty mind.

Crime is deemed by law to be harm to society in general.

Scope and object.

Legal wrong is an act which is legally wrong, being contrary to rule of legal justice and violation of law, essence whereof consists in its recognition as wrong by law

Moral wrong is an act which is morally or naturally wrong, being contrary to rule of natural justice

Some wrongs may be both legal and moral wrong

Duties and obligations are also of two kinds: legal duties and moral duties

Not all acts which a person ought to do constitute duties

When law recognizes an act as duty, it enforces its performance or punishes for disregard of same

Rights are also of two kinds: legal and moral

If a person intends to enforce his interest, which according to him is his right, against another person, such interest or right must not only have legal protection, but also definite legal recognition.

Procedural law had immense significance and the true purpose and object of such law, was not merely a technical aspect of the law which should be reckoned as a mere formality, rather procedural law was meant to cause uniformity, discipline, parity and systemization in conducting the trial of the case, in the absence whereof, it shall not be possible for the courts of law to adjudicate the matter in accordance with law and to do justice according to law

Following the procedure prescribed by law in letter and spirit was bounden duty of the courts and also the litigants, as failure to do the same shall result in indiscipline and disarray in proceedings of the trial of a case.

At times certain laws are considered draconian but sometimes laws are made as a need of time to safeguard larger public interest for showing and exposing deterrence so that increasing rate of crimes menacing evil in society may be prevented which is found more dangerous than cancerous disease.

If a particular judgment of the apex court was not brought to the attention, while deciding a matter, then the Court which was faced with both the judgments had to find out the true intent of law while keeping both the judgments before it.

While legislating penal statute that aims at creating an offence, legislature sets down definition in such simplest possible manner of drafting that it is capable of being comprehended by ordinary persons, of what is prohibited and what is not

Word of penal statute is always objective and not at all subjective

It has to be intelligibly expressed and reasonably defined

Interpretation of definition of crime is not, therefore, needed at all and becomes so needed only when language employed is ambiguous.

Violation of criminal law with consequences of some penalty and an action as a result of criminal motivation is called criminal act

Wrong exercise of power or, an act without lawful authority which is not result of any bad motivation is not an act actionable in criminal or administrative law.

Law gives guidance to only law abiding citizens.

Law has to be interpreted, enforced and applied in order to obviate any illegal activity and cannot be permitted to be stretched in favour of wily or the tricky

Government is under obligation and has right to curb any illegal economic activity

Constitution or the precedent does not provide any protection to a business or trade which inherently is illegal, unlawful or injurious to public at large.

Law is dynamic and it always keeps on developing.

Man, when he reaches the perfection of virtue is the best of all animals; but if goes his way without law and justice he becomes the worst of all brutes.

Matters of procedure and those of substantive rights stated.

Generality of law - "Municiple law" - Definition cannot itself provide a touchstone for testing validity of law having no legal compulsion.

Substantive law-Procedural law-Distinction-Scope.

Classification of statutes.

Court, held, cannot issue a mandate to Legislature to enact a particular law.

Kelsen's pure Theory of Law-Not universally accepted-Nor indeed a ,theory having become basic doctrine of science of modern jurisprudence-Theory not found consistent for full application in all revolutionary situations coming before Courts for adjudication as to validity of new Legal Orders resulting from such revolutions.-[Theory of law].