MUSHTAQ AHMAD DHAR Vs. STATE

JUDGEMENT

(1.) "M.R. Cohen" in his book titled "Reason and Laws" has said and I quote "Law is not a homeless wondering ghost, it is a phase of life located in time and space".

(2.) PEOPLE enter into precincts of Courts with the benign hope of getting the disputes settled. In order to settle and resolve the disputes the legislatures have devised procedure for the courts to arrive at just and lawful conclusions in most fair and reasonable manner. The solemn purpose of enacting procedural laws are to administer justice to the parties in an effective and just manner. In practice however unfortunately in most of the cases the procedural laws are being utilized not for resolving the disputes but for prolonging the mental agonies of the litigating party.

(3.) THE procedural laws are meant for advancing the cause of justice and not to defeat the same. A sacred duty is cast on the Courts to ensure that no litigating party is permitted to use the procedural or substantive laws to defeat the legal rights of other parties.