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1987 Supreme(Ker) 602

SUKUMARAN
V. T. THOMAS – Appellant
Versus
MALAYALA MANORAMA CO. LTD. . – Respondent


Judgment :-

1. A very important issue is involved in this interim petition in an interlocutory matter.

2. More arguments, than would have been necessary for the disposal of the appeal itself, bad been advanced on either side. Having regard to the frame of the petition and the character of the order to be passed, conclusions have to be as brief as possible. It would be superfluous to reiterate that the conclusions indicated are provisional in character. (Indication of such provisional views are not impermissible even in the course of arguments is an opinion entertained by many jurists. One of the eminent men in that line is Lord McCluskey and his views are stated in the Reith Lectures, now published under the title 'Law, Justice and Democracy'.)

3. A definite conclusion is therefore essential, in relation to a final disposal of a matter, albeit interlocutory in character, despite the provisional nature of the conclusion. Supportive reasons, of necessity, must be there as essential ingredients of a judicial conclusion. Judges have therefore necessarily to state, (as did Lord Avory is some distant past): "I may be right or wrong, perhaps more often wrong than right; but I have no doubt























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