Live Law

2024-01-30 05:42:00.0

  • CJI: in the absence of an express obliteration of the past, can the court not look into the preexisting history?

    SG: no, the simple reason is that history has always held different shapes .....

    CJI: therefore is it your submission that unless the statute expressly recognise the minority character of the institution you cannot recognise, can we stretch it to that point

    SG: unless the founding facts, members etc are not recognised in the statute, the statute becomes the final word . It would not be possible for any party to request the court to go behind it and try to find out the history

    CJI: Annamalai is not under article 30

    SG: maybe a linguistic minority I am not aware of ....i have given other examples aswell

    CJI: anyway we got your point

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