Court : UK Supreme Court
..... " with this principle in mind, i would adopt the approach advocated by lord reid in rondel v worsley at p 228, when considering the immunity from suit enjoyed by advocates: "the issue appears to me to be whether the abolition of the rule would probably be attended by such disadvantage to the public interest as to make its retention clearly justifiable. ..... in cala homes (south) ltd v alfred mcalpine homes east ltd [1995] fsr 818 laddie j, at p 841, quoted from an article, "the expert witness: partisan with a conscience", in the august 1990 journal of the chartered institute of arbitrators by a distinguished expert who suggested that it was appropriate for an expert to act as a "hired gun" unless and until he found himself in court where "the earlier pragmatic flexibility is brought under a sharp curb, whether of conscience, or fear of perjury, or fear of losing professional credibility. ..... after all, as professionals, they will only fail in their duty if they fail the bolam test (bolam v friern hospital management committee [1957] 1 wlr 582); and as witnesses, they will be excused much in the hurly-burly of the trial. .....
Tag this Judgment!Court : Supreme Court of India
..... , sequence or scene cannot depend upon the nature of the subject matter, but the question is one of the manner of handling of the subject-matter and sociological or ethical interest or message which the film conveys to the reasonable man, and that the approach of the court would be from the perspective of social pathological phenomenon with a critical doctor keeping the balance between the felt necessities of the time and social consciousness of a progressive society eliminating the evils and propagating for the cultural evolution literary taste and pursuit ..... must not be judged on the basis of what the artist (or author) purports to convey; what counts is the effect of the image on the observer; the fact that an image has been produced by an artist does not always make the end-result artistic; likewise an image does not become a satirical if the observer does not comprehend or detect any message in the work in question; that where the images depicted in the work product convey no message but only a disgusting combination of lewd acts and words whose only ..... today there is a movement afoot for the abolition of capital punishment and attempts are being made to convert prisons into hospitals as if they are persons suffering from a disease. 84. ..... state of punjab[89]. ..... (1957) 354 us476[11]. .....
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