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Showing posts from May 4, 2014

SECTION

The   section-alization   of Injunctions of Law indicates that every Injunction of law has defined territory (four corners). Whereas every  section  deals with a specific kind of situation / issue, the said   Section-alization   also gives distinct identity to the concerned Injunction, to the exclusion of other Injunctions, notwithstanding the fact that Acts of Legislature are always considered as a “scheme”, and a   section  cannot be completely read in isolation with other Injunctions of the said Act, or other Acts. And when the Injunction has invariably consigned a definite territory, it hardly gives any discretion to the administering person, for, the mandate of Law is always couched in “COMMAND”; And I would go on to say that “Law” and “Discretion” are mutually inconsistent terms, for, if we have a mandate of law for a particular issue, one ceases to have any discretion, except to the extent, wherein the Injunction itself confers some “defined” degree of discr