Interpretation – Doctrine of precedents and stare decisis -Binding precedent .

Interpretation- Precedent – Doctrine of merger- Non -Speaking order of Supreme Court refusing to special leave to appeal – Doctrine of merger would not apply . [ Constitution of India , Art . 141 ]

Advocates Act , 1961

S: 34 : Power of High Courts to make rules- Punishment of Advocates for misconduct – Independent Bar and Independent Bench form the backbone of the democracy – The Legal profession cannot be equated with any other traditional professions -It is not commercial in nature and is noble one considering the nature of duties to be performed and its impact on society – The role of a lawyer is indispensable in the system of delivery of justice – He is bound by the professional ethics and to maintain the high standard . [ S. 9, 33, 34 ,35, 37 , Constitution of India , Art , 32, 226, Madras High Court Rules , 1970 Rules, 14A, 14B, 14C , 14D ]

Railways Act , 1989
S. 20D: Hearing of objections -Opportunity of being heard – Substantive right – Natural Justice -Audi Alteram Partem – Not mere formality – Until the order is communicated to the person affected by it , it cannot be regarded as anything more than being provisional in character [ Constitution of India , Art, 14, 19 , 300A Land Acquisition Act , 1894, S. 5A ]

Contempt of Courts Act , ( 70 of 1971 )
S. 12 : Punishment for contempt of Court – Advocate – Deliberately using haste / scandalous speech against Supreme Court and entire judicial system – Guilty of criminal contempt of Supreme Court [ Constitution of India , Art. 19 (1) , 129 ]

Interpretation of taxing statutes –Precedent – Special leave Petition dismissed in limine- Doctrine of merger is not applicable . [ Constitution ion of India , Art , 141, Maharashtra Employees of private Schools ( Conditions of Service ) Regulation Act , S. 4(1) 16(2) (a) ]

Central Excise Tariff Act , 1985

S.3 : Levy of duty -Emergency power of Central Government to increase duty of excise – Classification- 100% pure coconut oil in small packing-classifiable under HSN code 15.13-Department classified the packs below 2kg. as “hair oil” under HSN 33.05-classification issues to be resolved based on Rules for interpretation, Chapter Notes, Supplementary Notes, circulars/instructions issued by CBEC and other authorities-Amendment in Central Excise Tariff Heading Act, 1985 w. e. f. 28-02-2005 realigning the tariff headings with HSN-Explanatory Notes under HSN not included in amended CET-whether to be considered-applicability of common parlance test-whether necessary-Difference of opinion in two judges- matter referred to Larger Bench.[ Central Excise Tariff Act , 1985 , Medical and Toilet Preparations Excise Duties Act , 1955 , S.2 , Standards of Weights and Measures ( Packaged commodities ) Rules , 1977, Uttar Pradesh Sales Tax Act , 1948 , S,37B ]

Railways Act, 1989

S.124A:Compensation on account of untoward incidents – Passenger falling from running train while travelling on valid ticket, entitle to compensation – Authority shall be liable to pay compensation unless negligence on part of deceased is proved beyond reasonable doubt [S.123,124,154]

Negotiable Instruments Act, 1881

S.138: Dishonor of cheque for insufficiency , etc , of funds in the account – – Cheques issued in pursuance of agreement to sell is also a duly enforceable debt or liability.

Negotiable Instruments Act, 1881

S. 138:Dishonour of cheque for insufficiency , etc. of funds in the account – Notice sent by registered post – Meaning of service by post- Correctly addressing the drawer of the cheque – Mandatory requirement of issue of notice in terms of clause (b) of proviso to Section 138 stands complied with. [General Clauses Act 1897 , S.27 , Indian Evidence Act,1872, S .114 ]