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Monday, January 26, 2015

Treating Ordinary Writ as " PIL "

Hindustan Antibiotics Ltd. v. Parenteral Drugs (India) (P) Ltd., (2001) 1 SCC 715 at page 719

6. Admittedly neither of the parties came to Court with a case of the nature as has been depicted above. While it is true that the observations of the Court as the one noticed above, are not as strictly warranted in the facts but one need not fail to appreciate that the law courts exist for the society and in the event of there being any social problem it would be well-within the domain of the law court to take such step or steps as they may deem fit and appropriate and this is so in spite of the fact that the lis between the parties does not warrant such a conclusion. But in the matter in issue by reason of the long lapse of time the whole exercise has become totally infructuous: Eleven years have passed and the State, however, has not taken any steps in terms thereof, prior to the obtaining the order of stay from this Court.

 

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