STEEL CRAKERS Vs. M S T C

JUDGEMENT

(1.) Governmental action cannot but only be fair. Fair deal, therefore, is the basis of all State action and in the event of any departure therefrom, Law Courts shall rise up to the occasion to declare it to be illegal and set right the wrong and to do so would be a plain exercise of judicial power. In the event of any judgement of complaint against a State action, being unfair and in the event the Law Court finds the same to be of substance, the Court will lend its assistance to the complainant so as to compel the State to act fairly vis a vis the complainant. Technicality may arise but in my view sheer technicality ought not to outweigh the course of justice. Law Court exists for doing justice between the parties - Law Court exists to remedy the wrong.

(2.) In the present day context, State's involvement in ordinary trade and commerce cannot be undermined and as a matter of fact is a regular feature - As such State action shall have to be scrutinised and in the event of there being any departure from fair dealing, State action cannot but be struck down since the most acceptable methodology of a Governmental action is fairness as stated above.

(3.) At this juncture it would be convenient to advert to the factual aspects briefly.