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SC dismisses challenge to scope of its discretionary powers
New Delhi:The Supreme Court on Monday refused to restrict the scope of its discretionary powers, under the constitution’s article 136, to entertain pleas challenging various high court orders, saying that the issue has already been decided by the earlier constitution bench.
Declining to revisit the scope of its discretionary powers under article 136, the constitution bench of Justice Anil R. Dave, Justice Kurian Joseph, Justice Shiva Kirti Singh, Justice Adarsh Kumar Goel and Justice Rohinton Fali Nariman said: “No effort should be made to restrict the power of the Supreme Court under Article 136.”
Refusing to answer March 19, 2010, reference by a two judges bench to re-examine the scope of discretionary powers under the article, the bench said that it has already been answered by an earlier judgment.
In the course of the hearing of a petition by Mathai alias Joby who had challenged the rejection of his plea by the Kerala High Court for another expert opinion (after that of Forensic Science Laboratory) on the genuineness of a will executed on January 13, 2006, the court had taken exception to all types of petition coming to the top court challenging all kind of sundry orders by the high courts and the courts below.
Observing that indiscriminate filing of the petitions was clogging the apex court and adding to its pendency, a bench of Justice Markandey Katju and Justice R.M.Lodha (both since retired) by their March 19, 2010 reference order had asked the constitution bench to examine the scope of the top court’s discretionary powers under article 136 and lay down guidelines as there was no uniformity in the nature of petitions being entertained by various benches of the apex court.
By the reference order, Justice Katju and Justice Lodha had said that the apex court lays down the law for the whole country and it should have more time to deliberate upon the cases it hears before rendering judgment.
“Sadly the position today is that it is under such pressure because of the immense volume of cases in the court that judges do not get sufficient time to deliberate over the cases, which they deserve, and this is bound to affect the quality of our judgments,” they had said, adding it was time for “an authoritative decision” by a constitution bench laying down some broad guidelines as to in what kind of cases a petition under article 136 should be entertained.
“If special leave petitions are entertained against all and sundry kinds of orders passed by any court or tribunal, then this court after some time will collapse under its own burden,” the order had said.
At the outset of the hearing on Monday, the court was apprised of various judgments which stated that there could be no strait-jacketed approach in the exercise of discretionary powers under article 136 and it depended on a case to case basis.
International online casino Casino Days has published a report sharing their internal data on what types and brands of devices are used to play on the platform by users from the South Asian region.
Such aggregate data analyses allow the operator to optimise their website for the brands and models of devices people are actually using.
The insights gained through the research also help Casino Days tailor their services based on the better understanding of their clients and their needs.
Desktops and Tablets Lose the Battle vs Mobile
The primary data samples analysed by Casino Days reveal that mobile connections dominate the market in South Asia and are responsible for a whopping 96.6% of gaming sessions, while computers and tablets have negligible shares of 2.9% and 0.5% respectively.
The authors of the study point out that historically, playing online casino was exclusively done on computers, and attribute thе major shift to mobile that has unfolded over time to the wide spread of cheaper smartphones and mobile data plans in South Asia.
“Some of the reasons behind this massive difference in device type are affordability, technical advantages, as well as cheaper and more obtainable internet plans for mobiles than those for computers,” the researchers comment.
Xiaomi and Vivo Outperform Samsung, Apple Way Down in Rankings
Chinese brands Xiaomi and Vivo were used by 21.9% and 20.79% of Casino Days players from South Asia respectively, and together with the positioned in third place with a 18.1% share South Korean brand Samsung dominate the market among real money gamers in the region.
Cupertino, California-based Apple is way down in seventh with a user share of just 2.29%, overshadowed by Chinese brands Realme (11.43%), OPPO (11.23%), and OnePlus (4.07%).
Huawei is at the very bottom of the chart with a tiny share just below the single percent mark, trailing behind mobile devices by Motorola, Google, and Infinix.
The data on actual phone usage provided by Casino Days, even though limited to the gaming parts of the population of South Asia, paints a different picture from global statistics on smartphone shipments by vendors.
Apple and Samsung have been sharing the worldwide lead for over a decade, while current regional leader Xiaomi secured their third position globally just a couple of years ago.
Striking Android Dominance among South Asian Real Money Gaming Communities
The shifted market share patterns of the world’s top smartphone brands in South Asia observed by the Casino Days research paper reveal a striking dominance of Android devices at the expense of iOS-powered phones.
On the global level, Android enjoys a comfortable lead with a sizable 68.79% share which grows to nearly 79% when we look at the whole continent of Asia. The data on South Asian real money gaming communities suggests that Android’s dominance grows even higher and is north of the 90% mark.
Among the major factors behind these figures, the authors of the study point to the relative affordability of and greater availability of Android devices in the region, especially when manufactured locally in countries like India and Vietnam.
“And, with influencers and tech reviews putting emphasis on Android devices, the choice of mobile phone brand and OS becomes easy; Android has a much wider range of products and caters to the Asian online casino market in ways that Apple can’t due to technical limitations,” the researchers add.
The far better integration achieved by Google Pay compared to its counterpart Apple Pay has also played a crucial role in shaping the existing smartphone market trends.
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