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2016 Supreme(Ker) 837

DAMA SESHADRI NAIDU
Kasaragod Co-Operative Educational Society Ltd. – Appellant
Versus
Registrar of Co-Operative Societies – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Sasindran, S. Shyam Kumar
For the Respondent: Jawahar Jose, G. Gopakumar

JUDGMENT :

Dama Seshadri Naidu, J.

Jurismania is a neologism employed by Paul F. Campos to describe what the learned author called the Madness of American Law. Very recently, a jurist of repute and former Chief Justice of India, Venkatachellayya, J. has, after quoting from Prof. Robert Heron Bork's The Tempting of America, cautioned thus:

"A Judge is acting where an executive officer should act. 'Shift an electric pole from this place to that place' - all this is an executive decision. 'You can't have transformers in the middle of the footpath, a train must come to a place at this point of time' - there are many judgments of this kind. Some of them are ego trips, erecting your prejudices into principles. This is where we fumble." (emphasis supplied)

2. Zany as the expression 'jurismania' sounds, it however captures the entire spirit of the litigation in this writ petition: The petitioner seeks a mandamus to the respondent Bank that it should extend a loan to the petitioner on the terms it has chosen, rather than those chosen by the Bank, the creditor. The petitioner would like to reverse the received wisdom: No man can afford to be impatient with his creditor. I may profitably quote Be














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