fundamental rights.
Ayusman Mahanta
(Querist) 04 November 2009
This query is : Resolved
1.what is principle of uniformity?
2.under what proviso SC frames issues on matters of wit petiton under article 32.Is order 14,rule 1 of cpc applies to SC while framing issues,when petion is under artcle 32.
3.Is it mandatory for SC to accepts the persuasive authority of lower courts.
Raj Kumar Makkad
(Expert) 04 November 2009
uniform (?), a. (L. uniformis;unus one + forma from: cf. F. uniforme.)
1. Having always the same form, manner, or degree; not varying or variable; unchanging; consistent; equable; homogenous; as, the dress of the Asiatics has been uniform from early ages; the temperature is uniform; a stratum of uniform clay. Whewell.
2. Of the same form with others; agreeing with each other; conforming to one rule or mode; consonant.
The only doubt is . . . how far churches are bound to be uniform in their ceremonies.
Hooker.
Uniform matter, that which is all of the same kind and texture; homogenous matter. -- Uniform motion, the motion of a body when it passes over equal spaces in equal times; equable motion. Hutton.
uniform , n. (F. uniforme. SeeUniform, a.) A dress of a particular style or fashion worn by persons in the same service or order by means of which they have a distinctive appearance; as, the uniform of the artillery, of the police, of the Freemasons, etc.
There are many things which, a soldier will do in his plain clothes which he scorns to do in his uniform.
F. W. Robertson.
In full uniform (Mil.), wearing the whole of the prescribed uniform, with ornaments, badges of rank, sash, side arms, etc. -- Uniform sword, an officers sword of the regulation pattern prescribed for the army or navy.
uniform , v. t. 1. Toclothe with a uniform; as, to uniform a company of soldiers.
2. To make conformable. (Obs.) Sir P. Sidney.
SC frames charges as per Order 14 Rule 1 of CPC even when petition is filed under Article 32.
It is not mandatory for SC to accept the persuasive authority of lower courts.
bhupender sharma
(Expert) 04 November 2009
Ayushman Hi, I agree with the opinion of my ld. colleague Mr. Makkar. More so the word uniformity means the uniform application of the things irrespective of the caste, creed and religion to be equated under the same circumstances. The SC generally do not interfere in to the factual position of the circumstances under which they happened and recorded by the lower courts unless and until some glaring circumstances constrained the SC to interfere without prejudice to the parties in the interest of justice and for fair disbursement of the justice to the parties the SC has power under article 32 of the constitution to interfere in to the same and can frame the additional issue under order 14 of the C.P.C. Bhupender Sharma(Adv.)
