AI Overview...
Doctrine of Frustration in Section 56 Ice
-
Prevention of Perversion and Paternalism - The doctrine emphasizes avoiding the frustration of legislation or societal goals, ensuring laws serve their intended purpose without being undermined or perverted. This is highlighted in references to legislative provisions and societal values Satyam Rai VS Banaras Hindu University - Allahabad, Anant Narayan Mishra VS Union of India - Allahabad.
-
Legal Context and Application - The doctrine is linked to various statutes, including the Universities Acts (e.g., AMU statutes and IIT BHU's Institutes of Technology Act, 1961), which aim to uphold the legislative intent and prevent legal frustration or deviation from societal goals Satyam Rai VS Banaras Hindu University - Allahabad, Anant Narayan Mishra VS Union of India - Allahabad.
-
Proportionality and Fairness - The doctrine of proportionality is closely associated, serving as a safeguard against overreach or arbitrary legislation, ensuring measures are balanced and just Satyam Rai VS Banaras Hindu University - Allahabad.
-
Related Legal Doctrines - The principle is connected with other legal doctrines such as vagueness (ensuring laws are clear and provide fair notice) and private defense, which also aim to prevent unjust application or frustration of legal rights B. Rama Raju VS Union of India - Andhra Pradesh.
-
Judicial Interpretation - Courts have invoked the doctrine to uphold legislative intent, prevent legislative overreach, and ensure laws are not rendered ineffective or perverted, maintaining the rule of law and societal values Satyam Rai VS Banaras Hindu University - Allahabad, Anant Narayan Mishra VS Union of India - Allahabad.
Analysis and Conclusion
The doctrine of frustration under Section 56 of the Ice refers to the legal principle aimed at preventing laws or statutes from being rendered ineffective or perverted, thereby safeguarding societal goals and legislative intent. It emphasizes proportionality, clarity, and fairness, ensuring legislation remains effective and aligned with societal values. Courts have applied this doctrine to interpret statutes, prevent abuse, and uphold the rule of law, reinforcing that laws should serve their intended purpose without unnecessary obstruction or frustration Satyam Rai VS Banaras Hindu University - Allahabad, Anant Narayan Mishra VS Union of India - Allahabad, B. Rama Raju VS Union of India - Andhra Pradesh.
References: - Satyam Rai VS Banaras Hindu University - Allahabad, Anant Narayan Mishra VS Union of India - Allahabad: Discussions on legislative goals, societal values, and the role of proportionality. - B. Rama Raju VS Union of India - Andhra Pradesh: Insights into related doctrines like vagueness and private defense. - Additional references to statutes and judicial interpretations provide context for how the doctrine functions within Indian law.
Search Results for "Doctrine of Frustration Section 56 Ice"
2019 0 Supreme(All) 1790 • India - Allahabad
AJAY BHANOT
Or to put it negatively, to prevent the frustration of the legislation or perversion of the goals and values of the society. ... Section 35 (5) of the AMU iii. The Statutes of the University (as adapted under Section 28 of the Act) amended upto December, 2012). IIT BHU – i. The Institutes of Technology Act, 1961 ii. ... Section 17(2) of the Act, 1961 (already quoted) (The relevant extracts of the statutes are appended as appendix 1 to the writ petition.) J. ... The doctrine of proportionality is an est....
2019 0 Supreme(All) 1791 • India - Allahabad
AJAY BHANOT
Or to put it negatively, to prevent the frustration of the legislation or perversion of the goals and values of the society. ... Section 35 (5) of the AMU iii. The Statutes of the University (as adapted under Section 28 of the Act) amended upto December, 2012). IIT BHU – i. The Institutes of Technology Act, 1961 ii. ... Section 17(2) of the Act, 1961 (already quoted) (The relevant extracts of the statutes are appended as appendix 1 to the writ petition.) J. ... The doctrine of proportionality is an est....
2009 0 Supreme(AP) 42 • India - Andhra Pradesh
GODA RAGHURAM, V.V.S.RAO, R.SUBHASH REDDY, RAMESH RANGANATHAN, G.BHAVANI PRASAD
(Paras 167 and 208) ... (B) Indian Penal Code, 1860—Section 100 —Right ... be treated as commission of cognizable offence of culpable homicide amounting to murder and investigation has to be made under Section ... (Paras 106 and 107) ... (D) Criminal Procedure Code, 1973—Section 154 ... Sinha, J) the doctrine of the right of private defense was revisited. ... This doctrine of proportionality thus overarches the entire spectrum of the right of private defence. ... ... (A) The scope of Section#....
2011 0 Supreme(AP) 190 • India - Andhra Pradesh
GODA RAGHURAM, R.KANTHA RAO
presumption under Section 23 arises but not the onus of proof under Section 24. ... A) PREVENTION OF MONEYLAUNDERING ACT, 2002, Section 5 (Chapter III) and Section 2 (l)(u):- Attachment of the property involved in ... (Para 42, 43) ... B) PREVENTION OF MONEYLAUNDERING ACT, 2002, Section ... The basis for the vagueness doctrine was summarized by the Court: ... The ‘doctrine of vagueness’ is founded on the rule of law, particularly on the principles of fair notice to....
1988 0 Supreme(Del) 291 • India - Delhi
S.S.CHADHA, SANTOSH DUGGAL
Hindu Marriage Act, 1955 - Sections 13(1)(a), (ib) and 23(1)(a) — Held — that the fact that the opposite party fails to establish ... Nijhawan, AIR 1973 Delhi 200 which squarely covers the point in issue and as such the judgment of the courts below is affected by the doctrine of stare decisis. ... sworn to the fact that appellant's mother did not at all enquire about her pregnancy, and then the respondent took her aside, and asked whether she knew that she was in family way, to which the mother-in-law retorted that they were aware of the fact, but did not....
2007 0 Supreme(P&H) 1122 • India - Punjab and Haryana
JAGDISH SINGH KHEHAR, S.D.ANAND
(Para 37) (E) Criminal Procedure Code, 1973, Section 166-A—Foreign Exchange Management Act, Section 37 and 38—Civil Procedure ... (Para 76) ... (C) Commission of Inquiry Act, 1952, Section 3—Constitution ... (Para 74 and 76) ... (B) Commission of Inquiry Act, 1952, Section 3—Constitution ... To illustrate Section 28 of the Act extends benefits of the Payment of Wages Act to industrial premises, Section 31 of the Act provides for security of service, Section 37 of t....
1992 0 Supreme(SC) 184 • India - Supreme Court
R.M.SAHAI, S.MOHAN
Electricity (Supply) Act, 1948 - Section 5 - Terminating appointment - order of suspension - retired from ... ... 56. Then we come to Section 10. ... On the one hand, public services cannot be deprived of the benefit of the mature experience of senior employees; on the other hand, a sense of frustration and stagnation cannot be allowed to generate in the minds of the junior embers of the services and the younger section of the society. ... The Courts have developed a relatively novel doctrine....
2019 0 Supreme(Mad) 2671 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
Section 174 (i) – Constitution of India ,1950 - Article 226 - Misconduct - Vicarious liability to pay a reasonable compensation - ... Indian Penal Code,1860 - Sections 218, 330, 343, 348 and 304 part (ii) – Criminal Procedure Code,1973 - ... Section 56 contains a mandatory provision requiring the police officer making an arrest without warrant to produce the arrested person before a Magistrate without unnecessary delay and Section 57 echoes clause (2) of Article 22 of the Constitution of India. ... The ....
2025 Supreme(Online)(DEL) 982 • India - High Court of Delhi
(A) Consumer Protection Act, 2019 - Sections 10, 18(2)(l), 2(47), 2(46) - Central Consumer Protection Authority guidelines on service ... Or to put it negatively, to prevent the frustration of the legislation or perversion of the goals and values of the society. ... 56. The soft measures that the CCPA can implement are outlined under Section 18 of the CPA, 2019. ... The benchmark to be adopted for striking a proper balance between the two facets i.e. the rights and limitations imposed thereon, is on the basis of the #HL....
2000 0 Supreme(AP) 844 • India - Andhra Pradesh
BILAL NAZKI, GODA RAGHURAM, M.S.LIBERHAN, V.V.S.RAO, B.SUDERSHAN REDDY
3 of the impugned Act is ultra vires - Act cannot survive without Section 3, therefore the whole Act cannot survive - Accordingly ... - Before going to show that it is creating illusory rights it would be pertinent to refer to sub-clauses (a) (b) (c) and (d) of Section ... seats to Scheduled Castes-C and one seat alternately for Scheduled Castes-A and one seat to Scheduled Castes-D as specified in Section ... Section-3 of the impugned Act lays down;"3. ... Professor James bradley Thayer in "the origin and scope of the Am....
Filter by Legal Phrase
