(July 23, 2001) 2001 (TLS)125727

2001-ILRDLH-7-111

C V JAIN AND COMPANY Vs. Hindustan Fertilizer Corporation Limited

V. S. AGGARWAL

( 1 ) THE Supreme Court in the case of Muralidhar aggarwal and Anr. vs. State of Uttar Pradesh and Qrs. (AIR 1974 SC 1924) explained in paragraphs 30 and 31, the expression Public Policy, which is reproduced below :

30. "public Policy" has been defined by minfield as "a principle of judicial legislation or interpretation founded on the current needs of the community". Now, this would show that the interests of the whole public must be taken into account, but it leads in practice to the paradox that in many cases what seems to be in contemplation is the interest of one section only of the public, and a small section at that. The explanation of the paradox is that the courts must certainly weigh the interests of the whole community as well as the interests of a considerable auction of it, such as tenant, for instance, as a class as in this case. If the decision is in their favour, it means no more than that there is nothing in their conduct which is prejudicial to the nation as a whole. Nor is the benefit of the whole community always a more