R K JAIN R K JAIN Vs. UNION OF INDIA
LAWS(SC)-1993-5-8
SUPREME COURT OF INDIA
Decided on May 14,1993

R.K.JAIN Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

RAI SAHIB RAM JAWAYA KAPUR VS. STATE OF PUNJAB [CONSIDERED]
JYOTI PRAKASH MITTER VS. HONBLE JUSTICE H K BOSE CHIEF JUSTICE OF HIGH COURT CALCUTTA [CONSIDERED]
SATWANT SINGH SAWHNEY ASSISTANT OM PRAKASH KAPUR VS. D RAMARATHNAM PASSPORT OFFICER NEW DELHI:CHIEF PASSPORT OFFICER NEW DELHI [CONSIDERED]
MAGANBHAI ISHWARBHAI PATEL MANIKANT TIWARI VS. UNION OF INDIA [CONSIDERED]
UNION OF INDIA VS. JYOTI PRAKASH MITTER [CONSIDERED]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [RELIED ON]
SAMSHER SINGH ISHWAR CHAND AGARWAL VS. STATE OF PUNJAB [CONSIDERED]
STATE OF UTTAR PRADESH VS. RAJ NARAIN [CONSIDERED]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [RELIED ON]
WAMAN RAO HANMANTRAO CHANDRA SHEKAR VITHALRAO SHRI BABURAO ALIAS P B SAMANT VS. UNION OF INDIA [RELIED ON]
S P GUPTA V M TARKUNDE J L KALRA IQBAL M CHAGLA MISS LILY THOMAS A RAJAPPA UNION OF INDIA D N PANDEY R PRASAD SINHA VS. UNION OF INDIA [CONSIDERED]
S P SAMPATH KUMAR J N GUPTA D J SOMAIYA VS. UNION OF INDIA [RELIED ON]
J B CHOPRA VS. UNION OF INDIA [RELIED ON]
KRISHNA SAHAI VS. STATE OF UTTAR PRADESH [RELIED ON]
RAJENDRA SINGH YADAV VS. STATE OF UTTAR PRADESH [RELIED ON]
UNION OF INDIA VS. PARAS LAMINATES PRIVATE LIMITED [RELIED ON]
M B MAJUMDAR VS. UNION OF INDIA [RELIED ON]
KUMAR PADMA PRASAD VS. UNION OF INDIA [RELIED ON]
KRISHNA SWAMI RAJ KANWAR ADVOCATE VS. UNION OF INDIA [RELIED ON]
RAGHUNATHRAO GANPATRAO SRIKANTA DATTA NARASIMHARAJA WADIYAR MYSORE VS. UNION OF INDIA [RELIED ON]



Cited Judgements :-

THOMAS CHANDY VS. STATE OF KERALA [LAWS(KER)-2017-9-168] [REFERRED TO]
AVINASH SAMAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-8-106] [REFERRED TO]
SYED WASEEM YAQOOB VS. STATE [LAWS(J&K)-2009-4-5] [REFERRED TO]
NIYAMAVEDI REP VS. RAMON SRIVASTAVA I P S INSPECTOR GENERAL OF POLICE [LAWS(KER)-1995-1-14] [REFERRED TO]
UMESH CHANDRA KALITA (DR.) VS. STATE OF ASSAM [LAWS(GAU)-2016-1-42] [REFERRED TO]
DEBENDRANATH SAHOO VS. STATE [LAWS(ORI)-2013-8-4] [REFERRED TO]
S Ramamirtham VS. State of Tamil Nadu [LAWS(MAD)-2005-4-108] [REFERRED TO]
VIKAS SINGH RATHEE VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2016-9-88] [REFERRED TO]
SMT. BHARATI REDDY VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2017-12-108] [REFERRED TO]
CENTRE FOR PIL VS. UNION OF INDIA [LAWS(SC)-2011-3-110] [REFERRED TO]
S. MANOHARAN VS. THE DEPUTY REGISTRAR AND ORS. [LAWS(MAD)-2015-2-225] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2021-7-9] [REFERRED TO]
MADHYA PRADESH HIGH COURT ADVOCATES BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2022-5-194] [REFERRED TO]
UNION OF INDIA VS. CENTRAL INFORMATION COMMISSION [LAWS(DLH)-2012-7-159] [REFERRED TO]
UMANANDA ROY VS. A AND N ADMINISTRATION [LAWS(CAL)-2006-2-35] [REFERRED TO]
ANIL SONI VS. UNION OF INDIA [LAWS(DLH)-2013-10-185] [REFERRED TO]
ASSOCIATION FOR DEVELOPMENT VS. UOI [LAWS(DLH)-2013-11-53] [REFERRED TO]
R R TRIPATHI VS. UNION OF INDIA [LAWS(BOM)-2008-10-156] [REFERRED TO]
MINI TRUCK UNION FATEHABAD DISTRICT AGRA VS. STATE OF U P [LAWS(ALL)-2003-9-158] [REFERRED TO]
DR. ASEEM CHATTERJEE VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-1994-2-36] [REFERRED TO]
RELIANCE INDUSTRIES LIMITED VS. STATE OF U P [LAWS(ALL)-2012-9-9] [REFERRED TO]
TAPOBRATA LAHIRI VS. UNION OF INDIA [LAWS(ALL)-2013-4-58] [REFERRED TO]
BABURAO VISHVANATH MATHPATI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-10-5] [REFERRED TO]
ASHUTOSH MISHRA VS. INDIAN INSTITUTE OF MASS COMMUNICATION [LAWS(DLH)-2020-11-180] [REFERRED TO]
M IKBAL R MALIK VS. STATE OF GUJARAT [LAWS(GJH)-1996-12-54] [REFERRED]
MSPL LTD VS. STATE OF KARNATAKA [LAWS(KAR)-2008-8-48] [REFERRED TO]
JASKARAN SINGH BRAR VS. STATE OF PUNJAB [LAWS(P&H)-2004-10-8] [REFERRED TO]
STATE OF HARYANA VS. K.C. BANGAR [LAWS(P&H)-2008-4-27] [REFERRED TO]
SASIKUMAR VS. STATE OF KERALA [LAWS(KER)-2017-12-61] [REFERRED TO]
UNION OF INDIA VS. ASSOCIATIONS OF CLASS I OFFICER [LAWS(UTN)-2020-1-64] [REFERRED TO]
ASHOK KUMAR M. VS. STATE OF KERALA [LAWS(KER)-2021-12-292] [REFERRED TO]
MOHD DANISH KHAN VS. UNION OF INDIA [LAWS(DLH)-2022-11-67] [REFERRED TO]
LOKESH DEVI VS. STATE OF HARYANA [LAWS(P&H)-2017-7-67] [REFERRED TO]
S R BOMMAI VS. UNION OF INDIA [LAWS(SC)-1994-3-1] [REFERRED TO]
T FENN WALTER VS. HONBLE MR JUSTICE E PADMANABHAN JUDGE HIGH COURT MADRAS AND PRESIDENT STATE CONSUMER DISPUTES REDRESSAL COMMISSION PONDICHERRY 12 GREENWAY ROAD RAJA ANNAMALAIPURAM CHENNAI [LAWS(MAD)-2001-1-85] [REFERRRED TO]
R. G. RADHAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2024-1-204] [REFERRED TO]
JAYAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-1-146] [REFERRED TO]
RAKESH CHOUKSEY VS. STATE OF M.P. [LAWS(MPH)-2024-5-219] [REFERRED TO]
PRABHAT KUMAR VS. THE HONBLE CHANCELLOR, UNIVERSITIES OF BIHAR AND ORS. [LAWS(PAT)-2016-4-12] [REFERRED TO]
N.JOTHI VS. SECRETARY DEPARTMENT OF HOME [LAWS(MAD)-2012-10-1] [REFERRED TO]
N.JOTHI VS. SECRETARY DEPARTMENT OF HOME [LAWS(MAD)-2012-10-1] [REFERRED TO]
M P HIGH COURT BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2004-9-126] [REFERRED TO]
B R KAPUR VS. STATE OF TAMIL NADU [LAWS(SC)-2001-9-1] [REFERRED]
H. S. YADAV VS. SHAKUNTALA DEVI PARAKH [LAWS(SC)-2019-10-42] [REFERRED TO]
RAJESH RATHI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-11-7] [REFERRED TO]
ROJER MATHEW VS. SOUTH INDIAN BANK LIMITED AND ORS. [LAWS(SC)-2018-5-30] [REFERRED TO]
SURESH GOVINDRAO BORKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-199] [REFERRED TO]
P SREE RAMULU NAIDU VS. VENKATESWARA UNIVERSITY TIRUPATHI [LAWS(APH)-1995-11-144] [REFERRED TO]
KAMAL K. SINGH VS. UNION OF INDIA AND ORS. [LAWS(BOM)-2019-11-244] [REFERRED TO]
K. RAGUPATHI VS. BACHCHU SINGH [LAWS(ALL)-2020-1-672] [REFERRED TO]
NARAYAN SINGH CHAUHAN VS. STATE OF C.G.& OTHERS [LAWS(CHH)-2016-12-20] [REFERRED TO]
AKHILESH TRIPATHI VS. STATE OF U P [LAWS(ALL)-2014-7-56] [REFERRED TO]
MADHAV KARMARKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-3-86] [REFERRED TO]
RAJESH AWASTHI VS. NAND LAL JAISWAL [LAWS(SC)-2012-10-60] [REFERRED TO]
SOCIETY OF INDIAN AUTOMOBILE MANUFACTURERS VS. STATE OF KERALA [LAWS(KER)-2016-6-140] [REFERRED TO]
BASIL ATTIPETTY ALIAS BASIL A G VS. UNION OF INDIA [LAWS(KER)-2012-2-19] [REFERRED TO]
STATE OF PUNJAB VS. SALIL SABHLOK [LAWS(SC)-2013-2-60] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2014-9-94] [REFERRED TO]
R V SWAMINATHAN VS. TAMIL NADU ELECTRICITY BOARD [LAWS(MAD)-2003-8-110] [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [LAWS(SC)-2005-4-31] [REFERRED TO]
GULABRAO KESHAVRAO PATIL VS. STATE OF GUJARAT [LAWS(SC)-1995-12-25] [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [LAWS(SC)-1997-3-58] [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [LAWS(SC)-1997-3-58] [REFERRED TO]
CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA VS. SUBHASH CHANDRA AGARWAL [LAWS(SC)-2019-11-45] [REFERRED TO]
BENNY SEBASSTIAN VS. STATE OF KERALA [LAWS(KER)-2022-1-260] [REFERRED TO]
PROF. ADYA PRASAD PANDEY VS. UNION OF INDIA [LAWS(DLH)-2021-4-78] [REFERRED TO]
MANOJ MISHRA VS. UNION OF INDIA [LAWS(DLH)-2022-7-186] [REFERRED TO]
DEVASSY VS. STATE OF KERALA [LAWS(KER)-1994-2-3] [REFERRED TO]
UTTAM KUMAR PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-1-128] [REFERRED TO]
S.S. SHARMA VS. STATE OF PUNJAB [LAWS(P&H)-2017-3-288] [REFERRED TO]
SANTOSH SAHU VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-3-2] [REFERRED TO]
VIRENDRA PANDEY VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-2-2] [REFERRED TO]
P B SAMANT VS. UNION OF INDIA [LAWS(BOM)-2005-3-76] [REFERRED TO]
ASHISH KUMAR SHARMA VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-12-2] [REFERRED TO]
MOHAN MISHRA "MRITYUNJAY" VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-12-11] [REFERRED TO]
U P ADHISHASI ADHIKARI SEVA SANGH LKO THROU,PRESID VS. STATE OF U P THROU,PRIN SECY NAGAR VIKAS LKO AND A [LAWS(ALL)-2018-2-260] [REFERRED TO]
PARTHA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2000-10-4] [REFERRED]
DELHI TRANSPORT CORPORATION WORKERS UNION VS. GOVT OF NCT OF DELHI [LAWS(DLH)-1998-7-81] [REFERRED]
TPI INDIA LIMITED VS. UNION OF INDIA [LAWS(DLH)-2000-10-12] [REFERRED]
GUJARAT OPTHALMIC ASSISTANTS ASSOCIATION VS. STATE OF GUJARAT [LAWS(GJH)-1996-8-44] [REFERRED]
M YADAMMA VS. JOIN COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE HYDERABAD [LAWS(APH)-2005-1-3] [REFERRED TO]
NEW SUN EDUCATION SOCIETY REGD ALIGARH VS. STATE OF U P [LAWS(ALL)-2008-2-53] [REFERRED.TO]
PROFESSOR K. B. AGARWAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-2-166] [REFERRED TO]
RAJESH CHANDOLA AND OTHERS VS. UTTARAKHAND VIDHANSABHA SECRETARIAT AND OTHERS [LAWS(UTN)-2018-6-119] [REFERRED TO]
LAKSHMI MUKHERJEE VS. TAPAN KUMAR [LAWS(CAL)-1996-7-57] [REFERRED TO]
PANKAJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-21] [REFERRED TO]
PRATAPSING RAOJIRAO RANE VS. GOVERNOR OF GOA [LAWS(BOM)-1998-8-40] [REFERRED TO]
NANDKURNAR BHAUSAHEB ZAWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-8-168] [REFERRED]
COLONEL A D NARGOLKAR VS. UNION OF INDIA [LAWS(DLH)-2011-4-175] [REFERRED TO]
ALKA D/O KANUBHAI JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-2011-11-150] [REFERRED TO]
NALIN KUMAR SHASTREE VS. K K AGGARWAL [LAWS(DLH)-2007-10-33] [REFERRED TO]
ROJER MATHEW VS. SOUTH INDIAN BANK LTD. [LAWS(SC)-2019-11-31] [REFERRED TO]
MP HIGH COURT ADV. BAR ASSOCN VS. UNION OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS [LAWS(SC)-2022-5-75] [REFERRED TO]
KAUSHAL KISHOR VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-1-8] [REFERRED TO]
STATE OF WEST BENGAL VS. ANINDYA SUNDAR DAS [LAWS(SC)-2022-10-5] [REFERRED TO]
GANGADHARAPPA B.O. VS. KARNATAKA SANSKRIT UNIVERSITY [LAWS(KAR)-2023-12-83] [REFERRED TO]
NAMIT SHARMA VS. UNION OF INDIA [LAWS(SC)-2012-9-36] [REFERRED TO]
UNION OF INDIA VS. R GANDHI PRESIDENT MADRAS BAR ASSOCIATION [LAWS(SC)-2010-5-35] [REFERRED TO]
SHRI RAJENDRA KUMAR SHRIVAS AND ANOTHER VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-2-425] [REFERRED TO]
NAIR SERVICE SOCIETY VS. DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION [LAWS(SC)-2003-11-57] [REFERRED TO]
PUNJAB NATIONAL BANK VS. R L VAID [LAWS(SC)-2004-8-110] [REFERRED TO]
RAJEEV KUMAR VS. STATE OF U P [LAWS(ALL)-2005-12-7] [REFERRED TO]
GIRDHAR LAL TRIPATHI VS. TENUGHAT VIDYUT NIGAM LIMITED [LAWS(JHAR)-2015-4-57] [REFERRED TO]
PARESH J MEHTA VS. G M MALVAT ADDL REGISTRAR GUJARAT HIGH COURT [LAWS(GJH)-1998-3-6] [REFERRED TO]
L CHANDRAKUMAR VS. UNION OF INDIA [LAWS(SC)-1994-12-40] [REFERRED TO]
P. M. PARAMESHWARAMURTHY VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-96] [REFERRED TO]
SANIT DEBROY VS. STATE OF TRIPURA [LAWS(TRIP)-2019-8-63] [REFERRED TO]
AGAINST CORRUPTION AND UNABATED TAXATION (ACAUT) VS. STATE OF NAGALAND [LAWS(GAU)-2018-8-145] [REFERRED TO]
MOHD IDRIS VS. STATE OF U P [LAWS(ALL)-1999-3-38] [REFERRED TO]
K KRISHNANKUTTY VS. STATE OF KERALA [LAWS(KER)-2005-8-32] [REFERRED TO]
PREMIKANTA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2005-2-1] [REFERRED TO]
DILIP DAS VS. STATE OF ASSAM [LAWS(GAU)-2005-5-24] [REFERRED TO]
T.SHARATH VS. GOVT. OF A.P. [LAWS(APH)-2013-12-1] [REFERRED TO]
ABHAI SINGH VS. STATE OF U P THRU PRIN SECY HOME DEPTT LKO & 2 ORS [LAWS(ALL)-2017-8-373] [REFERRED TO]
SHAHNAZ AYURVEDICS VS. COMMISSIONER OF CENTRAL EXCISE [LAWS(ALL)-2004-1-28] [REFERRED TO]
KARNATAKA ANTIBIOTICS AND PHARMACEUTICALS EMPLOYEES VS. NATIONAL COMMISSION SOR SCHEDULED [LAWS(KAR)-2008-5-4] [REFERRED TO]
M KULAM MOHAMED VS. GENERAL MANAGER SOUTHERN RAILWAY UNION OF [LAWS(MAD)-2006-1-44] [REFERRED TO]
DURYODHAN SAHU VS. JITENDRA KUMAR MISHRA [LAWS(SC)-1998-8-26] [CITED]
BHURI NATH SEWA COMMITTEE BARIDARAN BARIDARAN ASSOCIATION VS. STATE OF JAMMU AND KASHMIR [LAWS(SC)-1997-1-160] [REFERRED TO]
RAJENDRA KUMAR SHRIVAS VS. STATE OF M.P. [LAWS(MPH)-2018-2-212] [REFERRED TO]
SPECIAL POLICE ESTABLISHMENT VS. STATE OF M P [LAWS(MPH)-2011-2-32] [REFERRED TO]
VIVEK NARAYAN SHARMA VS. UNION OF INDIA [LAWS(SC)-2023-1-2] [REFERRED TO]
CHONGTHAM NIMAI SINGH VS. UNION OF INDIA [LAWS(MANIP)-2019-5-19] [REFERRED TO]
MANOJ H. MISHRA VS. UNION OF INDIA [LAWS(SC)-2013-4-44] [REFERRED TO]
MOHAN SINGH BORA VS. UNION OF INDIA [LAWS(UTN)-2010-12-48] [REFERRED TO]
SAKINALA HARINATH VS. STATE OF A P [LAWS(APH)-1993-10-1] [REFERRED TO]
H M MOHAN KUMAR VS. KARNATAKA SLUM CLEARANCE BOARD [LAWS(KAR)-2006-1-33] [REFERRED TO]
BOARD OF WAKFS, WEST BENGAL VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-2-134] [REFERRED TO]
GUJARAT RAJYA TALATI CUM MANTRI UNION VS. DISTRICT DEVELOPMENT OFFICER RAJKOT [LAWS(GJH)-1996-7-42] [REFERRED TO]
BANDELA ALPHONSUS VS. REGIONAL DIRECTOR, DAV PUBLIC SCHOOLS [LAWS(CHH)-2017-1-116] [REFERRED TO]
RAKESH CHOUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-8-76] [REFERRED TO]
KAMLESH SHUKLA VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-1-5] [REFERRED TO]
SOHAN LAL SHARMA VS. STATE OF U.P. [LAWS(ALL)-2022-1-58] [REFERRED TO]
CESC LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-1996-4-13] [REFERRED TO]
MANMEET KAUR VS. UNION OF INDIA [LAWS(DLH)-2012-12-275] [REFERRED TO]
MAHESH CHAND EX-LNK/CI VS. UNION OF INDIA [LAWS(ALL)-2014-7-41] [REFERRED TO]
SALIL SABHLOK VS. UNION OF INDIA [LAWS(P&H)-2011-8-69] [REFERRED TO]
PUNJAB NATIONAL BANK VS. R.L. VAID [LAWS(P&H)-2009-3-56] [REFERRED TO]
JANG BAHADUR SINGH, ADVOCATE AND ORS. VS. SECRETARY, LAW (JUSTICE) DEPT., GOVT. OF BIHAR AND ORS. [LAWS(PAT)-2012-12-44] [REFERRED TO]
N KANNADASAN VS. AJOY KHOSE [LAWS(SC)-2009-5-58] [REFERRED TO]
N KANNADASAN VS. AJOY KHOSE [LAWS(SC)-2009-3-178] [REFERRED TO]
B SRINIVASA REDDY VS. KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD EMPLOYEES ASSOCIATION [LAWS(SC)-2006-8-81] [REFERRED TO]
PREMACHANDRAN KEEZHOTH VS. CHANCELLOR KANNUR UNIVERSITY [LAWS(SC)-2023-11-56] [REFERRED TO]
BHARATI REDDY VS. THE STATE OF KARNATAKA [LAWS(SC)-2018-3-6] [REFERRED TO]
T.LOKACHARI VS. GOVERNMENT OF INDIA [LAWS(MAD)-2013-1-19] [REFERRED TO]
REHAN AHMED LASKAR VS. STATE BANK OF INDIA [LAWS(GAU)-2005-2-13] [REFERRED TO]
RAMJI SINGH AND EIGHT ORS. VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2008-7-118] [REFERRED TO]
STATE TRANSPORT EMPLOYEES VS. O S R T C [LAWS(ORI)-2003-5-12] [REFERRED TO]
B. RADHAKRISHNA MENON VS. STATE OF KERALA [LAWS(KER)-2020-6-211] [REFERRED TO]
REVENUE BAR ASSOCIATION VS. UNION OF INDIA [LAWS(MAD)-2019-9-80] [REFERRED TO]
V.K.ROCKS PVT .LTD VS. STATE OF KERALA [LAWS(KER)-2020-12-238] [REFERRED TO]
B. MENGHANI VS. UNION OF INDIA [LAWS(KER)-2014-3-31] [REFERRED TO]
INDIRECT TAX PRACTITIONERS ASSOCIATION VS. R K JAIN [LAWS(SC)-2010-8-87] [REFERRED TO]
UNION OF INDIA VS. MAJOR GENERAL SHRI KANT SHARMA [LAWS(SC)-2015-3-11] [REFERRED TO]
S HARI NATH VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1993-10-25] [REFERRED TO]
P CHANDRESEKHAR REDDY VS. VENKATESWARA UNIVERSITY [LAWS(APH)-1995-11-160] [REFERRED]
M EHTESHAM-UL-HAQUE VS. UOI AND ORS [LAWS(DLH)-2021-3-28] [REFERRED TO]
MEHMOOD PRACHA VS. INTELLIGENCE BUREAU & ORS [LAWS(DLH)-2018-6-43] [REFERRED TO]
RADHA KETCHAP VS. UNION OF INDIA [LAWS(CAL)-1955-2-30] [REFERRED TO]
MARIA VS. SOUTHERN RAILWAY [LAWS(KER)-1997-9-19] [REFERRED TO]
P G NARAYANAN VS. UNION OF INDIA [LAWS(MAD)-2005-5-14] [REFERRED TO]
RASHTRIYA VALMIKI SABHA (REGD.) VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-10-46] [REFERRED TO]
E MURALIDHARAN VS. UNION OF INDIA [LAWS(MAD)-2008-12-29] [REFERRED TO]
ANNA MATHEW VS. N KANNADASAN PRESIDING OFFICER TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION [LAWS(MAD)-2008-12-160] [REFERRED TO]
KESHAV SINGH VS. STATE OF M.P. [LAWS(MPH)-2019-4-111] [REFERRED TO]
UNION OF INDIA VS. DIRECTOR GENERAL, BORDER SECURITY FORCE; COMMANDANT 113 BN, BORDER SECURITY FORCE; YASODHAR KAMAT, S/O LATE SORI LAL KAMAT [LAWS(PAT)-2016-8-78] [REFERRED]
CENTRAL BUREAU OF INVESTIGATION VS. KUMHER INQUIRY COMMISSION [LAWS(RAJ)-1995-5-44] [REFERRED TO]
RAJEEV SURI VS. DELHI DEVELOPMENT AUTHORITY [LAWS(SC)-2021-1-9] [REFERRED TO]
NIKHIL SURYAKANT BADDE S/O SURYAKANT NILAPPA BADDE VS. N B VAISHNAV & 2 [LAWS(GJH)-2013-9-144] [REFERRED TO]
HIGH COURT OF GUJARAT VS. GUJARAT KISHAN MAZDOOR PANCHAYAT [LAWS(SC)-2003-3-96] [REFERRED]
COMMITTEE FO MANAGEMENT SRI RAM JANKI INTERMEDIATE COLLEGE VS. DIRECTOR OF EDUCATION [LAWS(ALL)-2000-11-108] [REFERRED TO]
PROFESSOR G K RAI VS. CHANCELLOR UNIVERSITY OF ALLAHABAD [LAWS(ALL)-2004-5-67] [REFERRED TO]
PREM SHANKAR MISHRA VS. STATE OF U P [LAWS(ALL)-2008-4-5] [REFERRED TO]
LOKAM KANI & ORS. VS. THE CHIEF SECRETARY GOVT. OF ARUNACHAL PRADESH & ORS. [LAWS(GAU)-2010-9-82] [REFERRED TO]
ARUN GHOSH VS. STATE OF TRIPURA [LAWS(GAU)-2007-6-16] [REFERRED TO]
K.B. SANKARA KUMAR VS. A.P. INDUSTRIAL INFRASTRUCTURE CORPORATION LTD [LAWS(APH)-2012-9-19] [REFERRED TO]
M D KULKARNI VS. UNION OF INDIA [LAWS(BOM)-2002-6-66] [REFERRED TO]
UNION OF INDIA VS. BHUPATI MOHAN ALIAS B MOHAN [LAWS(CAL)-2006-11-35] [REFERRED TO]
JOSE MELETH VS. UOI [LAWS(DLH)-2013-12-203] [REFERRED TO]
N GOPALASWAMI VS. UNION OF INDIA [LAWS(DLH)-2014-8-58] [REFERRED TO]
PRADEEP P PRAJAPATI VS. PRINCIPAL SECRETARY [LAWS(GJH)-2012-4-32] [REFRRED TO]
PRAKASH CHAND SRIVASTAV VS. STATE OF U.P. [LAWS(ALL)-2014-6-26] [REFERRED TO]
HYGRO CHEMICALS PHARMTEK PVT LTD VS. UNION OF INDIA [LAWS(TLNG)-2023-3-112] [REFERRED TO]
CHANDRA SHEKHAR KARGETI VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2018-1-1] [REFERRED TO]
KERALA HIGH COURT ADVOCATES ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-2011-2-467] [REFERRED TO]
RAVINDRA JUGRAN VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2015-12-76] [REFERRED]
MUKUND MAROTIRAO KHANTI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2000-4-38] [REFERRED TO]
SUKHAM PREMJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2020-2-705] [REFERRED TO]
R S SASIKUMAR VS. STATE OF KERALA [LAWS(KER)-2017-12-224] [REFERRED TO]
SMT. DAYA GUPTA VS. REGIONAL INSPECTRESS OF GIRLS SCHOOLS, MEERUT AND OTHERS [LAWS(ALL)-1993-10-70] [REFERRED TO]
AVINASH SAMAL VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-4-5] [REFERRED TO]
AVINASH SAMAL VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-4-5] [REFERRED TO]
R.K. OJHA AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2009-7-409] [REFERRED TO]
DELHI HIGH COURT BAR ASSOCIATION VS. UNION OF INDIA SECT DEPPT OF ECO AFFAIRS BANKING DEVISION MINISTRY OF FINANCE [LAWS(DLH)-1995-3-1] [REFERRED]
VIRENDRA PRATAP NAYYAR VS. STATE OF UP [LAWS(ALL)-2010-7-20] [REFRRED TO]
MADHAV SAMAJ NIRMAN SAMITI VS. STATE OF U P [LAWS(ALL)-2012-11-42] [REFERRED TO]
RADHA KHAP VS. UNION OF INDIA [LAWS(CAL)-1995-2-8] [REFERRED TO]
YASHBEER SINGH VS. GNCT OF DELHI [LAWS(DLH)-2012-2-494] [REFERRED TO]
M KRISHNA RAO VS. UNION OF INDIA [LAWS(APH)-1998-10-68] [REFERRED TO]
HIGH COURT BAR ASSOCIATION VS. GAUHATI HIGH COURT [LAWS(GAU)-2022-9-56] [REFERRED TO]
RAS BIHARI MOHAPATRA VS. UNION OF INDIA [LAWS(ORI)-1996-5-22] [REFERRED TO]
STATE OF KERALA VS. T P NANDAKUMAR [LAWS(KER)-2005-9-19] [REFERRED TO]
M. KULAM MOHAMED VS. THE GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI & ORS. [LAWS(MAD)-2006-1-251] [REFERRED TO]
N JOTHI VS. HOME SECRETARY GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2006-10-202] [REFERRED TO]
SAMATHA HYDERABAD ABRASIVES AND MINERALS PRIVATE LIMITED VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1997-7-24] [REFERRED TO]
RAMAN SAHANI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-4-33] [REFERRED TO]
ENERGY WATCHDOG VS. UNION OF INDIA [LAWS(DLH)-2017-11-5] [REFERRED TO]
PARVEEN KUMAR VS. UOI [LAWS(DLH)-2018-2-141] [REFERRED TO]
B. SUDHARMA AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2021-1-131] [REFERRED TO]
S SRINIVASAN CHAIRMAN AND CHIEF EXECUTIVE OFFICER BHARAT OVERSEAS BANK LTD VS. ALL INDIA BHARAT OVERSEAS BANK EMPLOYEES UNION [LAWS(MAD)-2000-2-36] [REERRED TO]
KACHCHH JAL SANKAT NIVARAN SAMITI VS. STATE OF GUJARAT [LAWS(GJH)-2005-10-9] [REFERRED TO]
PURAN CHAND VS. STATE OF HARYANA [LAWS(P&H)-2011-7-85] [REFERRED TO]
TSHERING EDEN BHUTIA, D/O D T BHUTIA VS. STATE OF SIKKIM [LAWS(SIK)-2017-8-1] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA AND ANOTHER [LAWS(SC)-2020-11-41] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. UNION OF INDIA & ANOTHER [LAWS(SC)-2018-7-41] [REFERRED TO]
A.R. KUMAAR VS. UNION OF INDIA [LAWS(MAD)-2014-11-4] [REFERRED TO]
KOLLIDAM AARU PATHUKAPPU NALA SANGAM VS. UNION OF INDIA [LAWS(MAD)-2014-8-186] [REFERRED TO]
MONI AND ORS. VS. STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-1-32] [REFERRED TO]
ASHISH KUMAR CHATURVEDI VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2018-9-46] [REFERRED TO]


JUDGEMENT

- (1.)We have had the benefit of the industry, erudition and exposition of the constitutional and jurisprudential aspects of law on the various questions urged before us in the judgment of our esteemed Brother K. Ramaswamy, J. But while concurring with the hereinafter mentioned conclusions recorded by him we would like to say a few words to explain our points of view. Since the facts have been set out in detail by our learned Brother we would rest content by giving an abridged preface which we consider necessary.
(2.)It all began with the receipt of a letter dated December 26, 1991, from Shri R. K. Jain, Editor, Excise Law Times, addressed to the then Chief Justice of India, Shri M. H. Kania, J., complaining that as the Customs, Excise and Gold Control Appellate Tribunal (for short 'the CEGAT') was without a President for the last over six months the functioning of the Tribunal was adversely affected, in that, the Benches sit for hardly two hours or so, the sittings commence late at about 10.50 a.m., there is a tendency to adjourn cases on one pretext or the. other so much so that even passing of interim orders, like stay orders, etc. is postponed and inordinately delayed, and the general tendency is to work for only four days in a week. The work culture is just not there and the environmental degradation that has taken place is reflected in the letter of Shri G. Sankaran dated June 3, 1991 who prematurely resigned as the President of the CEGAT. Lastly, he says that there were nearly 42,000 appeals and approximately 2000 stay petitions pending in the CEGAT involving revenue worth crores of rupees, which will remain blocked for long. Three directions were sought, namely,
"(i) the immediate appointment of the President to the CEGAT, preferably a senior High Court Judge;

(ii) order an enquiry into the mal-functioning of the CEGAT; and

(iii) issue all other directions as your Lordship may deem fit and necessary."

(3.)This letter was directed to be treated as public Interest Litigation and notice was issued to the Union of India restricted to relief No. (i) i.e. in regard to the appointment of the President of the CEGAT. On April 29, 1992, the learned Additional Solicitor General informed the Court that the appointment of the President was made. On the next date of hearing the relevant file on which the decision regarding appointment was made was produced in a sealed envelope in Court which we directed to be kept in safe custody as apprehension was expressed that the file may be tampered with. The focus which was initially on the working of the CEGAT and in particular against the conduct and behaviour of one of its Members now shifted to the legality and validity of the appointment of respondent No. 3 as its President. Serious allegations were made against respondent No. 3 and his competence to hold the post was questioned. It was contended that his appointment was made in violation of the Rules and convention found mentioned in the message of Shri Y. V. Chandrachud, the then Chief Justice of India, dated October 5, 1992 forwarded on the occasion of the inauguration of the CEGAT. The further allegation made is that even though High Court Judges were available no serious attempt was made to requisition the services of one of them for appointment as President of the CEGAT. To put a quietus to the entire matter at an early date we called the file from the Registry on May 4, 1992 but when we were about to peruse the same the learned Additional Solicitor General contended 'that the Court cannot inspect it because he desired to claim privilege'. We, therefore, directed that a formal application may be made in that behalf before the next date of hearing and returned the file to enable the making of such an application. Accordingly, the then Finance Secretary filed an affidavit claiming privilege under Ss. 123 and 124, Evidence Act, and Article 74(2) of the Constitution. The Minister of State in the Finance Department was also directed to file an affidavit in support of the claim for privilege which he did. It is in this context that the question of privilege arose in the present proceedings.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.