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1990 Supreme(Cal) 449

A.N.RAY, A.M.BHATTACHARJEE
DIVISIONAL RAILWAY MANAGER, EASTERNRAILWAY ASANSOL DIVISION – Appellant
Versus
SATYAJIT MAJUMDAR – Respondent


Advocates Appeared:
BHASKAR PRASAD VAISY, KASHI KANTA MAITRA, R.N.DAS MOHAPATRA, UMA SANYAL MISRA

A. M. BHATTACHARJEE, J.

( 1 ) EVEN though Tennyson criticised British Laws as "the Lawless Science of our Laws", as "myriads of precedents" resulting in "wilderness of single instances", the Poet also eulogised the system as where "freedom broadens from precedent to precedent". Some amount of "wilderness" also crept in our laws modelled on the British pattern and both certainty and also uniformity were very often the casualities.

( 2 ) BUT very soon our Courts could get over the outdated legal logomachy and hair-splitting niceties and becoming fully alive to the mandate of our National Charter to secure social and economic justice and to ensure that socio-economic justice "shall inform all the institutions of the national life", have made spirited endeavours to broaden the scope of socio-economic justice from "precedent to precedent". As a result, we have now evolved a new juristic principle, a new Jurisprudential approach, to the effect that whenever socio-economic justice appears to be in jeopardy, the Court must go into militant action by throwing asunder its age-worn robe of passive neutrality to rescue socio-economic justice. In the Indian context of even today, with the ove






































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