judgment of superior courts and Tribunals must be written only after deep travail and positive vein

in the case of Sundarjas Kanyalal Bhatija and Ors Vs Collector, Thane, Maharashtra and Ors, (1989) 3 SCC 396 it is ruled as under;

“23. Judge Learned Hand has referred to the tendency of some judges “who win the game by sweeping all the chessmen off the table” [The Spirit of Liberty, Alfred A. Knopf, New York, p. 131 (1953)] . This is indeed to be deprecated. It is needless 34 to state that the judgment of superior courts and Tribunals must be written only after deep travail and positive vein. One should never let a decision so until he is absolutely sure it is right. The law must be made clear, certain and consistent. But certitude is not the test of certainty and consistency does not mean that there should be no word of new content. The principle of law may develop side by side with new content but not with inconsistencies.

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2565
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2023-04-30 21:56:18
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