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Sunday, October 19, 2014

Floodgates Arguments

N. Kannadasan v. Ajoy Khose, (2009) 7 SCC 1 at page 55

127. Mr Venugopal would submit that such an interpretation would open a floodgate. We do not think so. We even wish no occasion like the present one arises in future before the superior courts for their consideration. Even otherwise, the floodgate argument does not appeal to us. In Coal India Ltd. v.Saroj Kumar Mishra [(2007) 9 SCC 625] this Court held: (SCC p. 632, para 19)

19. The floodgate argument also does not appeal to us. The same appears to be an argument of desperation. Only because there is a possibility of floodgate litigation, a valuable right of a citizen cannot be permitted to be taken away. This Court is bound to determine the respective rights of the parties. (See Zee Telefilms Ltd. v. Union of India[(2005) 4 SCC 649] and Guruvayoor Devaswom Managing Committee v.C.K. Rajan [(2003) 7 SCC 546] .)”

 

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