Sunday 3 July 2022

Role of Logics in legislation

 Logics play a vital role in the success of a case presented before adjudicating authority by lawyer : Logics supported by law and facts presumed in a winning of the  case : some time admissions against pleading give rise a draw back  in winning the case due to law of estoppel: Every case has its own history and produced for adjudication before competent authority as per law : some time two authorities have power to hear the issue and who would override the provision and to stop the parallel hearing provisions are followed : Lawyers are  people of having wisdom in the sense they know that the relief would be granted by adjudicating authority on their logics : when their are two legislation and one is time consuming in process and other is speedy then lawyer suggest the relief where process is speedy so as to bring their fame in profession , some time laches on the part of  client makes fatal to case : some time opposite party plays like game of chess and uses in deciding interim application up to appellate authority and lastly resorted  in appeal or writ jurisdiction : while a vigilant lawyer watch the right strategy for wining a case of his client : Discussing about two parallel legislation and overriding effect of one of legislation upon other legislation gives rise to weak legislation to other affected legislation : A proper appraisal would be  better about two legislation : Both legislation are of central act : Debt recovery tribunal act of banks and other is National company law tribunal : Banks uses recovery under securitisation  act and finally by filing petition under DRT act , The process goes up to auction and before final sale , the opposite party goes in NCLT and as per provision all proceeding becomes stayed due to overriding effect of provisions :  Now all procedure finally completed in liquidation and it results  in non fair value due to depreciation of assets for the financial institutions: These are all tact which are played  in litigation , but delay on the part of banks makes depreciation in assets 




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