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1985 Supreme(SC) 393

E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, R.B.MISRA, V.BALAKRISHNA ERADI, V.KHALID
Life Insurance Corporation Of India – Appellant
Versus
Escorts LTD. – Respondent


Advocates:
A.K.CHAKRABORTY, A.K.GANGULY, A.K.VERMA, A.SUBBA RAO, AMIT DESAI, Anil B.Divan, ASPI CHENOY, B.H.ANTIA, CYRIL S.SHROFF, D.N.Mishra, F.S.NARIMAN, H.S.PARIHAR, J.B.DADACHAN, J.P.Verghese, K.K.VENUGOPAL, K.PARASARAN ATTORNEY, M.K.BANERJI, MAHENDRA H.SHAH, O.C.MATHUR, O.P.MALHOTRA, Pallavi S.Shroff, PREMA BAXI, R.D.AGRAWAL, R.F.NARIMAN, R.N.Poddar, Rajiv Sawhney, Ratna Kapur, Ravindra Narayan, S.A.SHROFF, S.C.MAHESHVARI, SASHI PRABHU, Shardul S.Shroff, SOLI J.SORABJI, T.R.ANDHYARJUNA, TALYAR KHAN, V.C.KOTWAL

Judgment

CHINNAPPA REDDY, J.:- Problems of high finance and broad fiscal policy which truly are not and cannot be the province of the court for the very simple reason that we lack the necessary expertise and, which, in any case, are none of our business are sought to be transformed into questions involving broad legal principles in order to make them the concern of the Court. Similarly what may be called the political processes of corporate democracy are sought to be subjected to investigation by us by invoking the principle of the Rule of Law, with emphasis on the rule against arbitrary State action. An expose of the facts of the present case will reveal how much legal ingenuity may achieve by way of persuading courts, ingenuously, to treat the variegated problems of the world of finance, as litigable public-right-questions. Courts of justice are well-tuned to distress signals against arbitrary action. So corporate giants do not hesitate to rush to us with cries for justice. The court room becomes their battle ground and corporate battles are fought under the attractive banners of justice, fair-play and the public interest. We do not deny the right of corporate giants to seek our a

















































































































































































































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