Showing 13 cases in Case Law

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Custody and Maintenance

status quo during suit

During pendency of the suit status quo should be maintained to avoid disruption of Minor

Custody and Maintenance

Best Interests of Child

A child's best interests overrides the interests of the parents.

Custody and Maintenance

Access on alternate weekdays unsuitable

To grant access (custody) on alternate weekdays is unsuitable for children

Custody and Maintenance

Access orders should be clear

Orders on access of the child must be clear

Custody and Maintenance

Separation of siblings

Making custody orders that separate siblings is not in their best interests

Custody and Maintenance

Abrupt changing of school hazardous

Removing a child from one school to another as a result of custody orders is detrimental

Constitutional

Advisory opinion of the Supreme Court

Should be treated as authoritative statement of the law.

Constitutional

Test for Constitutionality of statute

The test of constitutional is stated to be nothing but a formal test of rationality.

Constitutional

Interpretation of the constitution

It should be given a holistic interpretation and read as an entity.

Constitutional

Interpretation of a statute

Both purpose and effect should be looked at to ascertain the constitutional validity.

Constitutional

Provisions on fundamental human rights

Should be given a dynamic, progressive, liberal and flexible interpretation.

Constitutional

substantial question of law

Public importance should be considered in establishing any question of law.

Constitutional

Gender rule in political parties

Political parties should decide on how to incorporate the gender principles