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CSLG organises a seminar by Justice Suhrid D Dave

CSLG organises a seminar by Justice Suhrid D Dave

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CSLG organises a seminar by Justice Suhrid D Dave
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CENTRE FOR THE STUDY OF LAW AND GOVERNANCE

Jawaharlal Nehru University

 

SEMINAR SERIES

 

Justice Suhrid D Dave

Retired Judge, Gujarat High Court

 

On

 

Ratio decidendi, Obiter dicta, and Precedents

 

 Abstract : This talk would be on the subjects—Ratio decidendi, Obiter dicta, and Precedents—with a special reference to my dissent in the F B decision of the High Court of Gujarat in Mohd. Ayub v. Commissioner of Police, Ahmedabad [(1993) SCC OnLine Guj 94].

 

Article 141 of the Constitution makes the verdict of the S.C. binding on all the other Courts in the territory of India. Ratio in contradistinction to Obiter therefore requires to be appreciated with the assistance of the works of known jurists and the judgments of the S.C. The known tests of Wambaugh, Dr. Goodhart and Lord Halsbury also help in deciding whether something said by the Court is a ratio or not. These tests require appreciation and thus would form a part of this talk. It has also been noticed that sometimes the Judgments of the Supreme Court, having binding nature, are not being followed by the High Courts, by working out wicket gate or escape route. The talk will examine the working of this method as well.

 

3.00 PM, Thursday, 11 October 2018

Conference Room, CSLG, JNU

 

About the Speaker: Justice S. D. Dave, after retiring as a Judge of the High Court of Gujarat, has worked as the Chairman of the State Law Commission and the Chairman of the Gujarat State Electricity Regulatory Commission. He has also worked as Commission under The Commission of Inquiry Act, 1952. He is the author of two works: The Privy Council, the British Courts and the Personal Laws of India, and The Nuclear India.

 

 PLEASE JOIN US FOR TEA AFTER THE SEMINAR 

ALL ARE WELCOME 

A warm welcome to the modified and updated website of the Centre for East Asian Studies. The East Asian region has been at the forefront of several path-breaking changes since 1970s beginning with the redefining the development architecture with its State-led development model besides emerging as a major region in the global politics and a key hub of the sophisticated technologies. The Centre is one of the thirteen Centres of the School of International Studies, Jawaharlal Nehru University, New Delhi that provides a holistic understanding of the region.

Initially, established as a Centre for Chinese and Japanese Studies, it subsequently grew to include Korean Studies as well. At present there are eight faculty members in the Centre. Several distinguished faculty who have now retired include the late Prof. Gargi Dutt, Prof. P.A.N. Murthy, Prof. G.P. Deshpande, Dr. Nranarayan Das, Prof. R.R. Krishnan and Prof. K.V. Kesavan. Besides, Dr. Madhu Bhalla served at the Centre in Chinese Studies Programme during 1994-2006. In addition, Ms. Kamlesh Jain and Dr. M. M. Kunju served the Centre as the Documentation Officers in Chinese and Japanese Studies respectively.

The academic curriculum covers both modern and contemporary facets of East Asia as each scholar specializes in an area of his/her interest in the region. The integrated course involves two semesters of classes at the M. Phil programme and a dissertation for the M. Phil and a thesis for Ph. D programme respectively. The central objective is to impart an interdisciplinary knowledge and understanding of history, foreign policy, government and politics, society and culture and political economy of the respective areas. Students can explore new and emerging themes such as East Asian regionalism, the evolving East Asian Community, the rise of China, resurgence of Japan and the prospects for reunification of the Korean peninsula. Additionally, the Centre lays great emphasis on the building of language skills. The background of scholars includes mostly from the social science disciplines; History, Political Science, Economics, Sociology, International Relations and language.

Several students of the centre have been recipients of prestigious research fellowships awarded by Japan Foundation, Mombusho (Ministry of Education, Government of Japan), Saburo Okita Memorial Fellowship, Nippon Foundation, Korea Foundation, Nehru Memorial Fellowship, and Fellowship from the Chinese and Taiwanese Governments. Besides, students from Japan receive fellowship from the Indian Council of Cultural Relations.