KERALA HIGH COURT
N/A, J
Varghese M. P. v. V. P. Devassia
| Table of Content |
|---|
| 1. foundational observations on rule of law (Para 1 , 2) |
| 2. petitioner's grievance regarding withdrawal of pay (Para 3 , 4 , 5) |
| 3. debate on jurisdiction and power in contempt proceedings (Para 6 , 7 , 8) |
| 4. stare decisis and judicial decorum (Para 9 , 10 , 11 , 12 , 13) |
| 5. analysis of jyothilal decision (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. judicial principles concerning contempt rules (Para 21 , 22 , 23 , 24) |
| 7. procedural examination and interpretation of rules (Para 25 , 26 , 27 , 28 , 29) |
| 8. issue for reference on the correctness of jyothilal ruling (Para 57) |
1. Introduction:
In his seminal book 'On the Rule of Law, History, Politics and Theory', the learned author Brian Z Tamanaha observes that the apparent unanimity in support of the rule of law is a feat unparalleled in history and that no other single political ideal has ever achieved global endorsement. Reminding us of the ideological abuse and general over - use of what has now become a contested concept of rule of law, albeit only in some schools of jurisprudence, the learned author has stressed that the principle of 'sovereignty of laws' has subordinated the principle of 'popular sovereignty'
2. Exasperated
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