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Showing contexts for: pariah in Sudhangshu Mohan Chakraborty vs Life Insurance Corporation Of India And ... on 14 March, 1988Matching Fragments
13. "Is the Proletariat equal in the Contest to the Proprietorist in presenting, proving and pressing rival cases right up to the forensic apex ? Is the poor debtor as against the Moneylenders, the prisoner as against the jailor, the handicapped as against the hefty, the deserted wife as against the brutal husband, the low-caste Pariah as against the high-caste Patrician, equal 1" (Justice Krishna Iyer - Adversarial Praxis vis-a-vis Social Justice - A Constitutional Miscellany - page 194). We have also raised these questions in a recent Division Bench decision in State Bank of India v. Amal Kumar Sen (1988 - I Calcutta Law Journal 83) where we have said (at 85-86) that "in this set-up, therefore, the new juristic principle that is to be evolved to' enable our forensic machinery to rise up to the challenge for 'Social Justice' is that whenever the weaker or the poorer section is pitted in forensic combat against the stronger or the richer section, then, if two interpretations are reasonably possible, whether of the facts or the laws involved, the interpretation in favour of the former is to be adopted so that 'Social Justice', i.e., the justice to the weaker or the poorer section of the society, is ensured".