The modern state is expected to engage in all the activities necessary for the promotion of the social and economic welfare of the community: SC [Case Brief]

The modern state is expected to engage in all the activities necessary for the promotion of the social and economic welfare of the community: Supreme Court

The federal structure of the largest democracy of the world functions through three organs: Legislative, Executive and Judiciary. The doctrine of separation of powers lays down that all the three functions of these organs are different and are not to be transgressed. However, this does not mean that the executive does not have the law making power.  A balance, thus, is required to be sought in order to prevent the abuse of power exercised by these organs of the state.

Rai Sahib Ram Jawaya Kapur and Ors. Vs The state of Punjab

Before Supreme Court of India

Delivered on: 12 April 1955

Bench: Chief Justice Mukherjea, Justice V Bose, Justice Jagannadhadas, Justice V Ayyar, Justice Imam.

Author of the Judgement: Chief Justice Mukherjea

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[Case Brief] Vijay Narayan Thatte & Ors v/s. State of Maharashtra & Ors

“Rules of Interpretation are very important in law courts. When the British came to India they introduced the principles of interpretation of Maxwell, laid down in his classic treatise ‘Interpretation of Statutes’ and these principles are broadly still being followed in our law courts in India. However, our ancient thinkers had created a system of interpretation called the Mimansa Rules of Interpretation, which appears to have been totally suppressed by the British, evidently because they wanted to create an impression that Indians are a race of fools and savages with no worthwhile intellectual achievement to their credit.” – Justice Katju.

Vijay Narayan Thatte & Ors vs State of Maharashtra & Ors

Civil Appeal No. 5614 of 2009

Before Supreme Court of India

Decided on: 18th August 2009

Bench: Markandey Katju, Ashok Kumar Ganguly, JJ.

Author of the Judgement: Justice Ashok Kumar Ganguly

Advocates for Appellants: Shri Harish Salve and Shri Shyam Diva, Learned Senior Counsels

Advocates for Respondent: Goolam Essaji Vahanvati, Attorney General of India and Shekhar Naphade, Advocates

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