Judicial Dynamism
By
Phiroza Anklesaria
A good Judge applies the law. A great Judge moulds it. He moulds it in the shape of the social, economic and political conditions that prevail. By doing so, he breathes into the law, a spirit which throbs with life-blood.
It is the purpose of this article to review three of the selected judgments delivered by his Lordship the Hon'ble Mr. Justice V. R. Krisihna Iyer in the year 1975, to illustrate my point that, the law comes to life, when it is imbued with the spirit of the times.
B. Banerjee v. Anita Pan, (AIR 1975 SC 1146) strikes one as a remarkable decision in which the Supreme Court forces the letter of the law to yield to its spirit. In this case, a piece of West Bengal Tenancy legislation came up before the Supreme Court for pronouncement upon its scope and impact. Under the West Bengal Premises! Tenancy (Second Amendment) Act (34 of 1969), a distinction, at the outset, was made between two kinds of landlords of premises : viz; Owner Landlords and Transferee L ....