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2001 Supreme(MP) 958

DIPAK MISRA
Sunil Datt Sharma – Appellant
Versus
Rani Durgawati Vishwavidyalaya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohd. Ali.
For the Respondents: N.S. Kale, Greeshm Jain, A.J. Pawar, V.K. Tankha.

ORDER :

1. Oliver Mendell Holmes an eminent American Judge once spoke “life of the law has not been logic; it has been experience.” It has been stated time and again that the law does not flow on the parth of rigid and rigorous logic bereft of life but engulfs many facets of life in its very quintessence. The Courts of law have a significant and sacrosanct duty to enforce law but simultaneously are also aware of the serviceability of the institution which epitomises the majesty of law. In this context, I may profitably quote few lines from Lord Smionds in Shaw vs. Director of Public Prosecutions, (1961) 2 All ER 446:

    “I entertain no doubt that there remains in the Courts of law a residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the State.”

To elaborate the aforesaid prefatory note I recall a few memorable lines from Professor Harry Jones who stated thus:-

“There are many mansions in the house of jurisprudence, and I would not belittle anyone's perspective on law in society, provided onl

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