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 Home > LAWYERS > Administrative Law and Govt Policies > Inactive > Inactive > 3rd Edition, 1986. |
5
The most accurate set of law reports is now the most complete!
With the publishing of SCCTM1950-68, Supreme Court Cases promises to fulfill a long felt need for a single, complete and reliable source of the entire Supreme Court case law. With the reporting of the judgments of 1950-68, that have shaped the present Indian jurisprudence, Supreme Court CasesTM now becomes the most comprehensive and accurate reference of Supreme Court case-law anywhere.
Nearly 70 Not Reported Judgments, are reported in just the first four volumes of the years 1950 to 1952.
The volumes of SCCTM 1950-1968 will not only report non-reportable judgments but also many unreported judgments for the first time which are not available in any of the currently available main law reports. The quantum of such Not Reported Judgments is apparent from the Comparative Table given in each of the volumes
1. The most complete set of Supreme Court case-law from 1950 till date
The complete SCCTM set from 1950 till date now provides all the case-law of the Supreme Court since the founding of the Indian Supreme Court, starting from the first case heard in the Republic of India, till present time- it is truly a one-stop-shop for the entire Supreme Court case law, filling the gap where a dire need of a quality law report like SCCTM was always felt. Now, one complete set of Supreme Court CasesTM will be enough to access the complete Supreme Court case-law. SCCTM is your exclusive repository of Supreme Court case-law.
2. Trademark quality of SCCTM maintained, cite with confidence
The untiring efforts that are taken to maintain the precision and accuracy for which SCCTM is well-known and well-accepted, has been maintained as the core DNA of the SCCTM 1950-68 as well. So, you can cite from these volumes in court with the same confidence as you have while citing from any other SCCTM volumes available with you before.
3. Comparing precedential value between later and former decisions
Date-wise reporting of cases in chronological order, to help ascertain the later cases which affect precedential value of former cases.
4. Cross-reference to current new statutes which repealed earlier statutes in force during 1950-1968.
One can immediately get from the headnote the reference of the new statute from the old statute reference. This will help locate cases under the repealed Acts from corresponding provisions of the new Acts currently in force.
5. All cases of any one year are reported in a single volume or set of volumes for easy reference.
Exhaustiveness of SCCTM Headnotes
SCCTM 1950-68 contains headnotes that have been prepared after thorough and careful analysis ensuring that no point of law is missed - maximum rulings from each case, intelligently classified topic-wise and statute-wise, in the subject index along with multiple cross-references making them conveniently accessible to the reader. Many hitherto unknown rulings have been extracted.
Editorial Notes
Incisive editorial notes in important judgments reported elaborate upon the subsequent treatment of cases pronounced over the years or provide valuable clarificatory inputs.
Comparative tables
Since many cases were reported in later years in the other journals, care has been taken to provide their reverse comparative tables for locating such cases in the proper designated SCCTM volume governed by its date of decision.
Index
Well-crafted, detailed Index System with sub-divisions up to several levels enables pinpointed access to the exact rulings sought for within SCCTM.
* Bench strength printed at the beginning of each case, is indicative of its precedential binding value.
* Prominent mention of overruled cases and rulings.
* Cross-citations and additional references to the judgments cited makes the search for rulings easy and convenient.
* Complete annotation of cited cases whether relied, followed, distinguishable or overruled, etc.
Aesthetic Excellence
Each volume is beautifully bound in foam leather and labelled with gilt edged labels. The volumes of the Supreme Court CasesTM 1950-68 provide a professional ambience and uniformity to your library and also equip you with an edge over your competitors. Excellent paper, printing and binding makes this publication a useful and prudent investment.
It is heartening to learn that SCC has chosen to recommence its journey by going back to 1950, covering the entire period from 1950-68. The reader would have the advantage of law laid by the Apex Court between 1950-68 also being available as published with the editorial touch of qualities which belong to SCC. It will prove to be a great service, rather a boon, to the legal profession.
Justice R.C. Lahoti
Former Chief Justice of India
Any effort to recollect and consolidate our rich jurisprudential heritage is always appreciable...I believe that it would set new standards in legal reporting and I am sure that the Bar and the Bench will equally welcome such an endeavour.
Justice N.V. Ramana,
Former Chief Justice of India
The volumes are beautifully bound in leather. with clear print on quality paper. as is the norm for SCC...The publication of these volumes will complete the coverage by SCC of all judgments - reported or unreported, of the Supreme Court. Courts and lawyers should find this coverage useful.
Justice Sujata Manohar
Former Judge, Supreme Court of India
The meticulously prepared Editor's Notes amply reflect the painstaking efforts to blend legislative changes and judicial views...The volumes are bound to find their places alongside the SCC volumes currently published in the libraries of lovers of law globally.
Justice Arijit Pasayat,
Former Judge. Supreme Court of India
As usual with SCC, the present series will have all features like detailed analytical head notes, cross reference of cases as also statutes (old and new)...Editorial notes will provide valuable and useful inputs. I have no doubt that the Publication would be of immense help to all Lawyers, Judges, Law Students and Public at large.
Justice C.K. Thakker
Former Judge, Supreme Court of India
The Eastern Book Company by publishing the SCC from 1950-1968 would be rendering a yeomen service to the entire legal fraternity, particularly the lawyers and judges. Now by purchasing one set of SCC all the cases pronounced by the Supreme Court since its inception with all special features would be available to all.
Justice Dalveer Bhandari,
Judge, International Court of Justice
and Former Judge, Supreme Court of India
Two features of new batch of volumes covering the early years of the Supreme Court stand out. One is the reporting of several decisions which have never been reported in any other law reports. The second is the value addition by way of editorial notes in several important decisions, which either explain how those decisions were dealt with in later cases or provide valuable clarificatory inputs.
Justice R.V. Raveendran
Former Judge. Supreme Court of India
PREFACE TO THIRD EDITION V
PREFACE TO FIRST EDITION VII
TABLE OF CASES XIII
Bias-A component of Breach of Natural Justice 1
Natural Justice in Administrative or Disciplinary Jurisdiction 2
Administrative or quasi-judicial power-Distinction 7
Impartiality-Ancient and recent 8
What is bias 11
Meaning of bad faith 13
Meaning of malice or mala fides 14
Doctrine of due process of law : Principles of natural justice 16
Scope of law of bias and mala fides 20
Abuse or misuse of power 25
General 30
Bias of the subject-matter 30
Pecuniary bias 32
Personal bias 33
Legislative bias 35
Reasonable likelihood of bias-Vitiating factor 37
Implications and scope of judicial bias and misbehaviour 47
Attempts to influence judges ; question of contempt of court 55
Certain types of judicial intemperance and impropriety ;
abuse of judicial power 58
Judicial neutrality 65
Civil service anonymity 72
Assumption of bias 75
Proof of bias and mala fides 86
Extension of the principle of direct interest to deputies 99
What are domestic tribunals 101
Bias and mala fides in disciplinary proceedings 111
Mala fide punishment orders 118
Charge-sheet in departmental enquiry with closed mind-Presumption
of bias 120
Expert body opinion in appointment-Interference when 121
Bias and mala fides in compulsory retirement 122
Compulsory retirement as punishment-Mala fides 126
Reversion by way of punishment-Tests 128
Reversion when reduction in rank 129
Mala fides in reversion 130
Mala fides in character roll entries 131
Reversion of a temporary incumbent to original post-Mala fide 134
Bias in termination of temporary service 134
Bias/mala fides in promotion 137
Mala fides in refusal to give extension 138
Mala fides in abolishing post 140
Mala fides in transfer order 143
Natural Justice 145
Pro-managerial bias 147
Industrial adjudication 151
Toleration of bias 155
Doctrine of necessity 158
Effect of waiver 162
Application of rule of estoppel to plea of bias and mala fides 165
Safeguards against judicial bias 169
Safeguards against political bias 174
Safeguards against bias of administrative officers 177
Implication and scope of judicial review 182
Abuse of discretionary power 195
Cases of Ministers 207
Cases of civil servants 210
Constitutional Remedies 214
Remedies under Administrative Tribunals Act, 1985 223
Civil suit to assail an administrative order-Tenability 231
Remedies under Specific Relief Act 232
Suit for damages 235
Penal remedies 237
Exercise of administrative or judicial power-De factor doctrine 239
Transfer of case 240
Void and voidable decisions 243
Remedies by public servants under U.P. Public Services (Tribunals)
Act, 1976 249
Judicial bias 251
Administrative bias 257
Bias and mala fides in relation to rules of natural justice 263
Doctrine of subjective and objective satisfactions 265
Distinction between ''malice in law'' and ''malice infact'' 270
Note on quasi-judicial decisions vis-a-vis bias and mala fides 272
App. I-Explanation of some Words and Phrases 276
App. II-Contractions used 287
SUBJECT INDEX 295
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