Papers by Suparna Bandyopadhyay
Sivas international , 2023
The best interest of every judge is to deliver justice to the case at hand. In order to deliver a... more The best interest of every judge is to deliver justice to the case at hand. In order to deliver a sound, fair and reasonable judgment, a judge often refers either to precedents or to overruling. If the precedent is applied, it becomes stare decise in an authoritative sense, and if the precedent is overruled it merely remains persuasive and looses its value. While referring to or overruling a judgment ratio decidendi, present in the ruling plays a very significant role. Ratio decidendi ordinarily means the reason or reasons behind a decision. Hence, it is pertinent to identify the ratio of the cases from the discussions of the court with due regard to the case present at hand. Because ratio challenges the validity of a judgment in which context it was decided. Problems do arise in determining ratios, as a case may have multiple reasons for reaching a decision. In such a situation, the correct identification of a ratio becomes complicated. The researcher has discussed four tests for determining the ratio decidendi of a case which includes-Wambaugh's Inversion Test, Goodhart's Material Test, Julius Stone Test and Halsbury Test. The focus of the paper is to study the correct application and validity of precedents as well as the reasoning behind the overruling of cases in the Indian context so that the nature of law in terms of stability and dynamism can be assessed.
The noble goal of every judge is to impart justice to the case at hand. In order to impart justic... more The noble goal of every judge is to impart justice to the case at hand. In order to impart justice, judges refer back into the previously decided cases and apply its principles to the case at hand. It is a belief that the principles so laid down are tested and accepted principles of law. However, if such previously laid down principles of law remain unalterable hence rigid, then there is likely to be a situation where society will loose its dynamism because it may not overrule the previous decision. On the other hand if the doctrine of stare decisis is disregarded and frequent overruling is resorted to, it will create a situation where the justice delivery system will loose its stability and credibility. Hence, for an effective justice delivery system it is important to balance both doctrine of stare decisis and overruling so that justice may be rendered effectively because the society is dynamic. There is no denying of fact that the judicious use of the doctrine of stare decisis and overruling has led to the evolution of newer principles of law in India like the rights of Third gender who had not been represented at par with the rest of the genders owing to psychological, social and legal bars. Therefore, the present paper focuses on the understanding of how the judges balance between stare decisis and overruling in order to impart justice for the sake of Third genders in India and it also tends to understand the reasons behind the jurisprudential paradigm shifts or variation in the opinion of the jurists and their personal belief systems that leads to the evolution of new principles of law from the orthodox obsolete decisions of past to a newer and well reasoned decisions.
Live And Let Live: Animal Rights Jurisprudence in The Light of Karnail Singh v. State of Haryana, 2020
The term life does not ordinarily mean to breathe or survive but also to have fearless existence ... more The term life does not ordinarily mean to breathe or survive but also to have fearless existence in a prey-predator world. Technically humans are considered to be one of the most intelligent beings and are expected to have compassion for other sentient beings. The Indian Constitution in Fundamental Duty chapter prescribes "compassion for living creatures" as a fundamental duty of man. There are several judgments that bring to forefront issues relating to, stray dogs, trespassing cattle, birds in cages, bull races, animal sacrifices, poaching etc. This judgment has conferred personhood on animals. 1 It has also asserted that humans are their guardians and custodians. Animal right is an a priori concept and hence, like human rights, animal right is also inalienable. However, when humans have not been able to completely secure human rights for themselves, then it is surprising that the matter of animal rights is relegated to oblivion. Hence, the condition of animals may get even worse if it is not taken into consideration-morally, culturally and
University of North Bengal, Mar 1, 2020
University of North Bengal, Sep 1, 2019
Precedent is one of the unique and an important feature of a common law legal system. From the Ha... more Precedent is one of the unique and an important feature of a common law legal system. From the Hamurabi Code, the Twelve Table or the Justanian Code the development of law can be viewed as an eternal, continual or an evolutionary saga of human mind or society to free itself from the shackles of systematic code and go forward to a well organized judicial process. The book essentially focuses on the process followed by judiciary while deciding the cases before it as well as it elaborately describes the practice of precedent in India. The book has immensely examined more than 300 cases from various angles by giving special reference to the landmark judgments pronounced in India in addition to U.S. and U.K cases which are limited in this book.
Precedent is one of the unique and an important feature of a common law legal system. From the Ha... more Precedent is one of the unique and an important feature of a common law legal system. From the Hamurabi Code, the Twelve Table or the Justanian Code the development of law can be viewed as an eternal, continual or an evolutionary saga of human mind or society to free itself from the shackles of systematic code and go forward to a well organized judicial process. The book essentially focuses on the process followed by judiciary while deciding the cases before it as well as it elaborately describes the practice of precedent in India. The book has immensely examined more than 300 cases from various angles by giving special reference to the landmark judgments pronounced in India in addition to U.S. and U.K cases which are limited in this book.
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Papers by Suparna Bandyopadhyay