Sunday, 5 August 2018

When state should take recourse to legal defences if claim of citizen is just?

This case reminds us of the apt observations made by former Chief Justice M.C. Chagla in Firm Kaluram Sitaram v. The Dominion of India MANU/MH/0008/1954 : AIR 1954 Bombay 50. That was also a case between the Railways and private party (citizen) wherein the learned Chief Justice, in his distinctive style of writing, commented upon the manner in which the Railway contested the case against the private party (citizen) by raising some technical pleas and observed as under:

Now, we have often had occasion to say that when the State deals with a citizen it should not ordinarily rely on technicalities, and if the State is satisfied that the case of the citizen is a just one, even though legal defences may be open to it, it must act, as has been said by eminent judges, as an honest person.
IN THE SUPREME COURT OF INDIA

Civil Appeal No. 8530 of 2009

Decided On: 08.12.2017

 Union of India (UOI) Vs. Susaka Pvt. Ltd. and Ors.

Hon'ble Judges/Coram:
Abhay Manohar Sapre and Navin Sinha, JJ.

Citation: 2018(4) MHLJ 131
Read full judgment here: Click here
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