prof s c pratihar (medical practitioner &legal studies) 09 November 2008
Rajan Salvi (Lawyer) 10 November 2008
JOKE :- JUST-ICE Justice
On the rocks
Srinivas.B.S.S.T ( Advocate) 11 November 2008
JUST
Motor Vehicles Act 1939 S 110B
The
use of word just which was neither in the English 1846 nor in the
Indian 1855 Act, now brought in Motor vehicles 1939 Act, gains
importance. This shows that the word JUST was deliberately brought in S
10-B of the 1930 Act to enlarge the consideration in computing the
compensation, which, of course, would include the question of
deductibility, if any. This leads to an irresistible conclusion that
principle of computation of the compensation both under the English
fatal accidents act 1846 and under the Indian fatal accident Act 1855
by the earlier decision, were restrictive in nature in the absence of
any guiding words therein, hence the courts applied the general
principle at the common law of loss and gain but that would not apply
to the consideration under Section 110-B of 1939 Act which enlarges the
discretion to deliver better justice to the claimant, in computing the
compensation, to see what is just.
The
word JUST, as it nomenclature, denotes equitability, fairness and
reasonableness having large peripheral field. The largeness is, of
course, not arbitrary; it is restricted by the conscience, which is
fair, reasonable and equitable, if it exceeds; it is termed as unfair,
unreasonable, un-equitable, not just. Thus, this field of wider
discretion of the tribunal has to be within the sad limitation and the
limitation under any provisions of this act or any other provisions
having force of law. In law lexicon, 5h edition by TP Mukherjee JUST is
described as:
The term JUST is derived
from Latin word JUSTUS. It has various meanings and it’s
meaning is often governed by the context. JUST may apply in nearly all
of its senses, wither to ethics or law denoting something which is
morally right and fair and some time that which is right and fair
according to positive law. It connotes reasonableness and some thing
conforming to rectitude and justice, something equitable, fair.
FROM SUPREME COURT ON WORDS AND PHRASES: BY JUSTICE M.L. SINGHAL.
Just
Should
not be determined by age or condition of the mind cuz our legal system
is neither deterrent nor punitive but only reformative. Had age been
taken into consideration rape/attempt to rape/out raging the modesty of
a woman would be just to a teenager (under the influence of
seduction and provocation). If in case condition of mind is the point
for consideration. Pelting with stones
till death or hanging till death would have been just for an accused of
murder case in the eyes of family members of the deceased.
and by the way nice joke by Rajan Sir
Shree. ( Advocate.) 11 November 2008
Dear prof,
Just cause for an action
Justices are often considered conservators of the peace. They can arrest criminals or insane people, order the removal of people who behave in a disorderly fashion in a public place, and carry out other duties designed to maintain or restore a peaceful community
prof s c pratihar (medical practitioner &legal studies) 12 November 2008
your discussion has made the forum so rich, many have not got opportunity even in their colourful academic career.moreover i had no college life in law and almost a layman.conservator of peace ,equity, m v act appln. so much interesting .what discussed is a great philosophy and will take appropriate time ,age ,and professional acukmen to understand what is just. thanks to all participants.