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By Siddheswar Das
Published In
Air 1970
Although one comes across the doctrine of public policy mostly in relation to contracts or dispositions of property, an investigation into the doctrine must cover a wider field. The doctrine has influenced the formation of law and still influences the growth of it much more than is usually thought.1 This is true not only in England but also in India although the present legal system of India had not to pass through stage which English law had to pass when there were no statutes and no case laws and law had to be made some how or other. But it must not be supposed that the application of the doctrine is always a conscious process. It is an undercurrent flowing through the legal system and influencing the solution of legal problems but not visible to a super. Ficial observer except when it comes up to the surface in the form of specific rules. Professor Winfield has divided the use of the doctrine of public policy under two heads:
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