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1 - 7 of 7 (0.20 seconds)Section 8 in The Right to Information Act, 2005 [Entire Act]
Kailash Chand & Anr vs Dharam Dass on 4 May, 2005
15. The Supreme Court in Kailash Chand v. Dharam Das (2005) 5 SCC
375 reiterated that a statute can never be exhaustive and legislature is
incapable of contemplating all possible situations which may arise in future
litigation and in myriad circumstances and it is for the Court to interpret the
law with pragmatism and consistently with demands of varying situations.
The legislative intent has to be found out and effectuated.
Smt. Pushpa Devi & Ors vs Milkhi Ram on 8 February, 1990
Earlier also in
Smt. Pushpa Devi v. Milkhi Ram (1990) 2 SCC 134 the same sentiment
was expressed by holding that law as creative response should be so
interpreted to meet the different fact situations coming before the court, for
Acts of Parliament were not drafted with divine prescience and perfect
clarity and when conflicting interests arise, the court by consideration of
LPA No.1090/2011 Page 9 of 11
legislative intent must supplement the written word with force and life.
Inst.Of Chartered Accountants Of India vs Shaunak H Sayta & Ors on 2 September, 2011
16. The Supreme Court recently in The Institute of Chartered
Accountants of India v. Shaunak H. Satya (2011) 8 SCC 781, in the
context of the RTI Act itself held that in achieving the objective of
transparency and accountability of the RTI Act other equally important
public interests including preservation of confidentiality of sensitive
information, are not to be ignored or sacrificed and that it has to be ensured
that the revelation of information in actual practice, does not harm or
adversely affect other public interests including of preservation of
confidentiality of sensitive information. We have already held above that
disclosure of marks, which though exists with the appellant would amount
to allowing play to the policy earlier prevalent of marking the examinees.
Merely because the appellant/its examiners for the purpose of grading, first
mark the students would not compel this court to put at naught or to allow
full play to the new policy of grades.
Section 22 in The Right to Information Act, 2005 [Entire Act]
Independent Schools??? Federation Of ... vs Central Board Of Secondary Education & ... on 1 September, 2011
10. The appellant has also placed before us the judgment of Division
Bench of this Court in Independent Schools' Federation of India (Regd.)
Vs. Central Board of Secondary Education 183(2011) DLT 211 upholding
the grading system introduced by the appellant and dismissing the challenge
thereto. The challenge to the grading system, in the said proceeding also
was inter alia on the ground that replacing marks by grades was only a
cosmetic change and would mar the quality of education and the concept of
grading was virtually an eye-wash. Needless to state that the said challenge
was also found to be without any basis and rejected.
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