CALOREX INDIA LTD Vs. TARA PROPERTIES PVT LTD

JUDGEMENT

(1.) Roscoe Pound in one of his lectures stated that law is governed by a principle, starting point for reasoned decision, found by application of reason to experience and corrected by the experience as the process of development of the society goes on. He lays stress upon the social purpose since law subserves the social purpose.

(2.) Roscoe Pound stated "legal order must be flexible as well as stable. It must be overhauled continually and refitted continually to the changes in the social life which it is to govern. If we seek principles, we must seek principles of change, no less than principles of stability."

(3.) The Draconian concept of law can no longer be said to be the guiding factor in the modern set up. It has changed in the past, it is changing now and will continue to change in the future. It is an experience developed by reason. It is a product of civilisation of the people. It must keep on changing from time to time, otherwise law will not be able to cope with the need of the people. It is a social process and it must keep on changing with the changing structure of the society. Time has now come for the law courts to rise to the occasion and interpret the law in accordance with the need of the hour. Rigid interpretation of law contrary to the needs of the society will lead to social catastrophe and law courts ought not to be a party to them. Law cannot be termed to be static or inflexible. It is flexible though, however, its stability cannot be disputed and it lies upon the law court to interpret the law so as not to destabilise on the one hand but to suit the requirement of the society since law subserves the social purpose and it lays stress upon the social purpose. In the event of an imperative demand of justice law courts are obliged to interpret the law in a manner so as to suit the social purpose rather than follow the strict and rigid formula of law.