Professional Documents
Culture Documents
Session- 2014-15
FOUNDATION OF LAW
THE SCOPE OF INDUCTIVE REASONING IN ADJUDICATION
SUBMITTED TO:
MR.MANVENDRA KUMAR TIWARI
ASSISTANT PROFFESSOR
DEPARTMENT OF LAW
ACKNOWLEDGEMENT:
SUBMITTED BY:
KUNAL KUMAR
ROLL NO: 73
SEMESTER: 1
TABLE OF CONTENTS:
Acknowledgement
What is Inductive Reasoning
Intoduction to Inductive Reasoning
Difference between Inductive and Deductive logic
Definition of Adjudication
How to judges decide a case using Inductive logic
The scope of Inductive Reasoning in Adjudication
Relavent cases in which Inductive Reasoning is applied
Conclusion
Research Methodology
Bibliography
Websites and References
INDUCTIVE REASONING
With a general proposition (such
"general-to-general" reasoning is
rarely used)
With a particular proposition
("categorical syllogism")
A conclusion obtained through
deductive reasoning is certain.
Mathematics is based
on deductive reasoning
DEDUCTIVE REASONING
With a general proposition ("reasoning
by generalization)
With a particular proposition
("reasoning by analogy")
A conclusion obtained through
inductive reasoning is probable, not
certain. Science is
based on inductive reasoning
As more and more appellate cases hold that presented, litigated contracts
without consideration were void, it seems increasingly safe to inductively
conclude that this case law.
Principle exists: "All contracts without consideration were void."
Exceptions to the principle include equitable doctrines of waiver and
estoppels.
Another example of this type is:
Condition 1: Pavlovian conditioning caused dog Fido to salivate
when a bell rings.
Condition 2: Pavlovian conditioning caused dog Roverto salivate
when a bell rings.
Condition 3: Pavlovian conditioning caused dog Spot to salivate
when a bell rings.
Conclusion: Therefore, Pavlovian conditioning causes all dogs to
salivate when a bell rings.
As scientists conduct more and more conditioning experiments and
discover that all conditioned dogs salivate when a bell rings, it seems
increasingly safe to inductively conclude that "Pavlovian conditioning
causes all dogs to salivate when a bell rings." The conclusion will never be
certain, however, because some day science may discover a dog that
receives Pavlovian conditioning but doesn't salivate when a bell rings.
WHAT IS ADJUDICATION?
Adjudication is the legal process of resolving a dispute., the formal giving or
pronouncing of a judgment or decree in a court proceeding; also the judgment
or decision given. It also includes the entry of a decree by a court in respect to
the parties in a case. It implies a hearing by a court, after notice, of legal
evidence on the factual issue(s) involved. It indicates that the claims of all the
parties thereto have been considered and set at rest.
Three types of disputes are resolved through adjudication: disputes between
private parties, such as individuals or corporations; disputes between private
parties and public officials; and disputes between public officials or public
bodies. The requirements of full adjudication include notice to all interested
parties (all parties with a legal interest in, or legal right affected by, the dispute)
and an opportunity for all parties to present evidence and arguments.
CASES
The cases enumerated below are those where courts gave judgments using the
logic of inductive reasoning. All of these cases are first of their sort. Rulings
given in all these cases were subsequently applied in all cases of similar nature
in future.
In the realm of protection of rights of women another landmark judgment of
Vishakha v. State of Rajasthan changed the landscape of rights enjoyed by
women vis--vis sexual harassment at workplace. This 1997 judgment of the
Supreme Court arising from gang rape of Bhanwari Devi by a group of
influential men led the Supreme Court in laying down guidelines against sexual
harassment against women at workplace. The incumbent state of civil and penal
laws was recognized as inadequate and the Supreme Court set a precedent by
drawing inspiration from an international instrument on human rights, the
Convention on Elimination of all forms of Discrimination against Women.
The catena of landmarks does not only cover judgments on citizens rights but
also includes many decisions having far reaching consequences on commerce
and trade. One such decision is Vodafone International Holdings v. Union of
India, a Supreme Court decision passed in January, 2012. The transfer of
international subsidiaries of Hutchinson Telecommunications to Vodafone
International in Cayman Islands opened a pandoras box of issues regarding
consequent tax liability, DTAA signed between India and Mauritius and larger
issues like impact of Indias regressive stand on tax issues having possible
impact on future trade revenues.
Maneka Gandhi vs. Union of India was the first case which caused a huge
uproar over the definition of freedom of speech. The court ruled that the
procedure must be fair and the law must not violate other fundamental rights.
The Shah Bano case, related to the issue of Muslim personal law, caused a
furore as the court awarded Shah Bano a maintenance allowance after divorce.
It became a landmark case in the history of Muslim personal law as Muslim
women were granted maintenance allowance after divorce henceforth.
S. R. Bommai v. Union of India was a landmark judgment of the Supreme Court
of India, where the Court discussed at length provisions of Article 356 of
the Constitution of India and related issues. This case had huge impact on
Centre-State Relations. The misuse of Article 356, popularly known as
"President's rule", to impose central authority on states, was stopped after this
judgement.
R. Rajagopal v State of Tamil Nadu case decided that the right to privacy
subsisted even if a matter became one of public record. The right to be let alone
is part of personal liberty.
Tamil Nadu v Suhas Katti was the first case involving conviction under the
Information Technology Act, 2000, related to the posting of obscene messages
on the Internet.