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2003 Supreme(Ker) 624

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
K. E. Aboobacker – Appellant
Versus
Vasu P. P. – Respondent


Judgment :-

Radhakrishnan, J.

Justice without law, according to Roscoe Pound on Jurisprudence is “Justice according to magisterial good sense unhampered by rule”. Recognition of a body of binding standards of adjudication is well high indispensable for the proper discharge of judicial functions. Justice cannot be accomplished without an orderly system of law.

2. Many a times this court has reminded the State Government of the necessity of bringing in proper legislation to curb unethical trend in rack rending, demand of huge amount as pakidi, laying down provision and procedure for fixation of fair rent, and for fixing forum for fixing fair rent etc. Pegging down of rent has created unethical and unlawful practice of paying pakidi to landlords. Static rent has created block market in rental housing. Such tendencies have restricted the accessibility of low income group to rental housing and are compelled to pay huge amount by way of pakidi. Responsible Government shall not keep away from these realities faced by the society. Lack of legislation has also resulted in multiplicity of litigations in civil courts. Rent Control Courts etc. The apex court in Imdad Ali V. Keshav Chand and Othe
































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