Doctrine Of RENVOI : A Hurdle In Disguise

INTRODUCTION
Judiciary and its modus operandi have
throughout the time unfolded as a competent
mechanism for raising and establishing the
standards of fairness and justness in the society.
Any prevailing judicial system in the globe
operates with decisive object of providing
justice with equity and no discrimination based
on who knocks the door of court. For furnishing
this object it demands construction of principle
of law in such a manner that, in majority case
possible, it will lead to similar decision on similar
question of law. This necessity of uniformity and
consistency flows in every line of the law and it
is demanded by any legal system in the globe to
establish consistent and uniform modus operandi
to meet the justice and equity.
Generally all legal systems around the globe
have incorporated principle of equity and nondiscrimination
in their laws thus there are no
hurdles in this aspect. However, the problem
catches heat in those cases where there are
requirements of rule of law to be applied which
are foreign to that country’s courts. Cases
with such essence which associates with them
the element of foreign jurisdiction raises the
question of choice of law. It mandates to discuss
the question as to whether court should reflect
foreign rule of law in their decision and if yes
then at what length.