following was stated:
“8.....Judicial process should not be an instrument of oppression, or,
needless harassment. Court should be circumspect and judicious in
exercising discretion
premised
on the fundamental idea that society creates the barriers and oppressive
structures which impede the capacities of person with disabilities.
Capability theorists like Martha
following was stated:
“8.....Judicial process should not be an instrument of oppression, or,
needless harassment. Court should be circumspect and judicious in
exercising discretion
Binoy Visman vs Union Of India on 9 June, 2017
Author: A.K. Sikri
Bench
therefore, submitted
that the retrospective amendment is arbitrary, unreasonable and oppressive and,
therefore, violates the appellant's fundamental rights under Articles