Monday, April 26, 2010

this too is law.........

1 - See You In Court!

Court to hear suit over "Tea Party" name
A U.S. judge has agreed to referee a dispute among Florida political activists over who can use the phrase "Tea Party" in their name. A trial has been scheduled to begin on December 6 in U.S. District Court in West Palm Beach, Florida, in a lawsuit that questions whether anyone has a trademark or intellectual property right to the "Tea Party" name.

2 - Crime and Punishment

Woman tried to use 911 as taxi service
Police in one Connecticut city have a warning for nightclub patrons: Don’t call 911 for a ride home. New Haven police say that’s what 28-year-old Quandria Bailey did, calling the emergency line six times to request a ride from a nightclub back to her Meriden home.

'Gay dog' refused entry to Australian restaurant
An Australian restaurant that refused a blind man entry because a waiter thought his seeing-eye dog was "gay" has been ordered to apologise and pay compensation.

3 - Politics, Law, and Governance

U.S. beach bans thongs
A North Carolina town that the mayor called “Mayberry with a beach” has banned swimmers from wearing thongs. Kure Beach Mayor Dean Lambeth says “we’re going to keep this as close to Mayberry with a beach as you can keep it,” referring to the idyllic Southern community portrayed on the 1960s TV series “The Andy Griffith Show.” The move came after the police chief received an e-mail earlier in the week asking if the town’s existing nude bathing ordinance allowed thongs.

Dog denied chance to run for mayor
A dog just can't win in a human world. Genny, the three-year black Lab, was denied her papers to run for Clarington, Ontario mayor after a municipal clerk said she didn't qualify for the position because of canine genes.

Police barred from penis enlargement
Forget about getting a job as a police officer in Indonesia's Papua if you have had your penis enlarged. You won't get it, according to local media reports citing the Papua police chief. An applicant "will be asked whether or not his vital organ has been enlarged.” If he has, he will be considered unfit to join the police or the military.

Moustached Americans seeking tax break
Moustached Americans are looking for a tax break from Uncle Sam. The American Mustache Institute (AMI) says the "social and environmental benefits to moustache growth and maintenance provide a service to the U.S. economy."

4 - And Now for Something Completely Different

There's little funny about North Korea's comedy show
Stern, serious, socialist North Korea has carved out a spot in TV history for having one of the world's longest running comedy shows, despite it being mostly devoid of jokes for the decades it has been on the air. The show now called "It's So Funny" is meant to uplift the morale of troops and extol propaganda about the virtues of serving under "The General" Kim Jong-il. Laughter is optional -- unless the soldiers in the audience are ordered to do so. The format of the show is usually a conversation between a man and a woman in military uniform, who sometimes sing, dance and try a little slapstick, but mostly avoid telling one-liners.

Saturday, March 20, 2010

Justice Bhagwati in the case of National Textiles Workers Union v P.R.Ramakrishnan need to be set out. They are: “ We cannot allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the tree or if it is a living tree it will shed that bark and grow a living bark for itself. Similarly, if the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law, which stands in the way of its growth. Law must therefore constantly be on the move adapting itself to the fast-changing society and not lag behind
Judge must be a jurist endowed with the legislator's wisdom, historian's search for truth, prophet’s vision, and capacity to respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the Constitution and the Act with its interpretative armoury to articulate the felt necessities of the time. The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law one must enter into its spirit, its setting and history. Law should be capable of expanding freedoms of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order
State of Karnataka v Appa Balu, (1995) Supp. 4 SCC 469