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2005 Supreme(Guj) 454

BHAWANI SINGH, H.K.RATHOD
Ramjibhai Chamanbhai – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: B.K.OZA, BIPIN I.MEHTA, MEGHA JANI

BHAWANI SINGH, C. J.

( 1 ) IN Delhi Development Authority v. Skipper Construction and Another reported in 2005 (3) Supreme 335, it has been observed by the Apex Court as under :"there are some cases which at times strengthen the idea that existing laws may he inadequate to grant relief to persons whom, the court feels genuinely to be entitled to relief. Courts, more particularly, this Court, will not adjure its duty to prevent violent miscarriage of justice by passing such orders as are necessary to uphold the rule of law and lift the veil of purported legality over such perfidious acts. In such cases the Court should not allow itself to be deflected by red herrings drawn across the track. It has to pass such orders as the circumstances warrant, of course within the four corners of law to secure the interest of justice and to appease its judicial conscience. The facts of the present case have some such unique features. In Miller v. Minister of Pensions (1947 (2) All ER 373), it was observed that the law would fail to protect community if it admitted fanciful possibilities to deflect the course of justice. Technicalities should not stand in the way of Courts doing substantial justic

















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