LT COL KHAJOOR SINGH Vs. UNION OF INDIA
LAWS(SC)-1960-12-22
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on December 05,1960

KHAJOOR SINGH,S.S.LATHAR Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

PAWAN ARORA VS. STATE OF M.P. [LAWS(MPH)-2018-3-64] [REFERRED TO]
ANWAR MOHAMMAD VS. MANAGING OFFICER CUM CUSTODIAN OF EVACUEE PROPERTY JAIPUR [LAWS(RAJ)-1964-3-12] [REFERRED TO]
BACHU SINGH VS. UNION OF INDIA [LAWS(J&K)-2005-3-29] [REFERRED TO]
CONSTABLE NO 833350033 A P SHARMA VS. SECRETARY, HOME DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI [LAWS(CHH)-2018-2-108] [REFERRED TO]
VIRENDRA SINGH VS. UNION OF INDIA [LAWS(ALL)-2017-9-6] [REFERRED TO]
RAMENDRA KISHORE PRASAD VS. S. BHATTACHARYA AND ORS. [LAWS(CHH)-2015-7-18] [REFERRED TO]
PAMAN ENTERPRISES VS. FOOD CORPORATION OF INDIA [LAWS(MANIP)-2020-6-19] [REFERRED TO]
BENNY PERUVANTHANAM VS. KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD [LAWS(KER)-2013-11-48] [REFERRED TO]
DEV RAJ VS. UNION OF INDIA [LAWS(HPH)-1965-6-2] [REFERRED TO]
BRIJ BHAL SINGH GAUTAM VS. UNION OF INDIA [LAWS(ALL)-1997-10-26] [REFERRED TO]
PEOPLE UNION FOR CIVIL LIBERTIES VS. STATE OF U P [LAWS(ALL)-2000-12-87] [REFERRED TO]
RATNAM ENERGY PRIVATE LIMITED VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(GJH)-2021-3-362] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. UNION OF INDIA [LAWS(DLH)-2009-7-43] [REFERRED TO]
BIHAR JUTE TWINE MILLS LTD VS. BIHAR STATE FINANCIAL CORPORATION [LAWS(CAL)-1999-4-55] [REFERRED TO]
DINESH KUMAR ATRI VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2010-9-441] [REFERRED TO]
KANHAIYALAL AGARWAL VS. UNION OF INDIA [LAWS(MPH)-2002-2-38] [REFERRED TO]
M/S.SUN TV NETWORK LTD. VS. UNION OF INDIA [LAWS(MAD)-2016-6-114] [REFERRED TO]
Ex.Recruit TC No.56219, Lal Singh VS. Union of India and others [LAWS(UTN)-2010-7-280] [REFERRED TO]
ALL INDIA STEEL RE-ROLLERS ASSOCIATION VS. THE UNION OF INDIA & ORS. [LAWS(MPH)-2016-6-79] [REFERRED TO]
SUNIL KUMAR YADAV VS. UNION OF INDIA [LAWS(PAT)-2016-5-21] [REFERRED TO]
RAKESH DWIVEDI VS. COAL INDIA LTD [LAWS(DLH)-2021-5-101] [REFERRED TO]
PARTUMAL VS. MANAGING OFFICER [LAWS(RAJ)-1961-10-10] [REFERRED TO]
NEERAJ SHANKAR SAXENA & ANR VS. APPELLATE TRIBUNAL FOR ELECTRICITY THRU REGISTRAR, NEW DELHI [LAWS(ALL)-2019-8-35] [REFERRED TO]
UMAMAHESWAR COTTON GINNING and PRESSING FACTORY VS. RAMA RAO SHROFF [LAWS(KAR)-1971-3-34] [FOLLOWED ON]
FOOD CORPORATION OF INDIA VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2008-5-34] [REFERRED TO]
KALANITHI MARAN VS. UNION OF INDIA [LAWS(MAD)-2018-3-718] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. UOI [LAWS(DLH)-2009-4-178] [REFERRED TO]
SRRAK REIPL JV VS. UNION OF INDIA [LAWS(CAL)-2011-1-17] [REFERRED TO]
SECRETARY, DEPARTMENT OF ATOMIC ENERGY, GOVERNMENT OF INDIA VS. THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS [LAWS(CAL)-2009-2-122] [REFERRED TO]
ASHOK KUMAR SABOO VS. HINDUSTHAN PAPER CORPORATION LIMITED [LAWS(CAL)-2007-4-42] [REFERRED TO]
ARUN KUMAR AND ANR. VS. UNION OF INDIA (UOI) AND ANR. [LAWS(ALL)-2011-1-356] [REFERRED TO]
SATYA PAL SINGH VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-1-379] [REFERRED TO]
L N MISHRA VS. UNION OF INDIA [LAWS(ALL)-2011-7-48] [REFERRED TO]
RASHTRA BHARTI SHIKSHA MAHAVIDYALAYA VS. NATIONAL COUNCIL FOR TEACHER EDUCATION [LAWS(MPH)-2011-6-10] [REFERRED TO]
ABDUL WAJID VS. STATE OF KARNATAKA [LAWS(KAR)-2013-12-265] [REFERRED TO]
PRAGNA R JAMBUSARIA VS. STATE OF GUJARAT [LAWS(GJH)-1996-2-3] [REFERRED TO]
NUZIVEEDU SEEDS PVT LTD VS. PROTECTION OF PLANT VARIETY AND FARMERS RIGHTS AUTHORITY [LAWS(APH)-2011-7-14] [REFERRED TO]
PUSHPA BAI VS. BOARD OF REVENUE M P GWALIOR [LAWS(MPH)-2016-4-106] [REFERRED TO]
RAMADEVI VS. K A GAFOOR [LAWS(DLH)-1975-9-20] [REFERRED]
BIBHUTI NARAIN SINGH VS. FOOD CORPORATION OF INDIA AND ORS [LAWS(ALL)-2016-2-285] [REFERRED]
MADAN GOPAL RUNGTA THE TATA IRON STEEL CO LIMITED VS. SECRETARY TO GOVERNMENT OF ORISSA :SECRETARY TO GOVERNMENT OF ORISSA [LAWS(SC)-1962-3-18] [REFERRED]
RAJU MORE VS. RAMESH CHAND KHANDEWAL [LAWS(GAU)-2008-12-4] [REFERRED TO]
SHIB CHARAN SINGH VS. UNION OF INDIA [LAWS(CAL)-2013-8-97] [REFERRED TO]
SMT. BHUWANESHWARI DEVI VS. ACCOUNTANT GENERAL (A AND E) WEST BENGAL AND ORS. [LAWS(UTN)-2011-3-200] [REFERRED TO]
RAMCHAND SANTUMAL BHATIA VS. TARUN ROY [LAWS(BOM)-1987-8-48] [REFERRED TO]
SAMARENDRA NATH ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-1967-4-9] [REFERRED TO]
BHIBHUTI NARAIN SINGH VS. FOOD CORPORATION OF INDIA [LAWS(ALL)-2014-8-41] [REFERRED TO]
AJAY MEHRA AND OTHERS VS. YOGESH MEHRA AND OTHERS [LAWS(BOM)-2017-3-303] [REFERRED TO]
KARTI P CHIDAMBARAM VS. BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA [LAWS(MAD)-2018-7-569] [REFERRED TO]
MOHAMMAD AMIR MOHAMMAD KHAN VS. UNION OF INDIA [LAWS(DLH)-2011-3-179] [REFERRED TO]
MAHANADI COALFIELDS LTD VS. SHYAM METALLICS AND ENERGY LTD [LAWS(CAL)-2011-9-108] [REFERRED TO]
BHARAT COKING COAL LIMITED VS. JHARIA TALKIES AND COLD STORAGE PRIVATE LTD [LAWS(CAL)-1992-2-15] [REFERRED TO]
YASHWANT SINGH VS. UNION OF INDIA [LAWS(P&H)-2006-8-95] [REFERRED TO]
NAKUL DEO SINGH VS. DEPUTY COMMANDANT [LAWS(KER)-1999-8-18] [REFERRED TO]
KAILASH NATH TIWARI VS. UNION OF INDIA [LAWS(ALL)-2007-5-298] [REFERRED TO]
SARYU SINGH VS. THE UNION OF INDIA AND ORS. [LAWS(PAT)-2014-12-51] [REFERRED TO]
COMMISSIONER OF CUSTOM VS. STANDARD INDUSTRIES LTD [LAWS(BOM)-2007-2-93] [REFERRED TO]
SUPREME COURT ADVOCATE-ON-RECORD ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2015-10-80] [REFERRED TO]
SUPREME COURT ADVOCATE-ON-RECORD ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2015-10-80] [REFERRED TO]
KUSUM INGOTS AND ALLOYS LIMITED VS. UNION OF INDIA [LAWS(SC)-2004-4-182] [REFERRED TO]
DINABANDHU SAHOO VS. UNION OF INDIA AND OTHERS [LAWS(ORI)-2019-2-16] [REFERRED TO]
UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED VS. RAGHUBIR SINGH :UNION OF INDIA [LAWS(SC)-1989-5-56] [REFERRED TO]
PRADEEP U.R. VS. KERALA STATE CO-OPERATIVE ELECTION COMMISSION [LAWS(KER)-2016-7-9] [REFERRED TO]
VINAYAK HARI KULKARNI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-5-57] [REFERRED TO]
RAKESH DHAR TRIPATHI VS. UNION OF INDIA [LAWS(ALL)-1987-10-38] [REFERRED TO]
DOWSYL POLYMERS PRIVATE LIMITED VS. M G ABROL SPL SECRETARY MINISTRY OF FINANCE [LAWS(BOM)-1987-8-35] [REFERRED TO]
ISHWARLAL HIRALAL GUNDERIA VS. UNION OF INDIA [LAWS(BOM)-1989-4-18] [REFERRED TO]
RAJENDRA KUMAR BISHT VS. BORDER SECURITY FORCE AND ORS. [LAWS(UTN)-2011-9-182] [REFERRED TO]
SATYENDRA KUMAR PANDEY VS. UNION OF INDIA [LAWS(ALL)-2011-8-154] [REFERRED TO]
VIJAY KUMAR GUPTA VS. FOOD CORPORATION OF INDIA AND ORS. [LAWS(ALL)-2011-8-334] [REFERRED TO]
JENSON AND NICHOLSON (I) LTD. VS. JOINT REGISTRAR OF TRADE MARKS [LAWS(DLH)-2014-9-44] [REFERRED TO]
RAJENDRA KUMAR MISHRA VS. UNION OF INDIA [LAWS(ALL)-2004-10-112] [REFERRED TO]
INDRA GYAN SHUKLA VS. UNION OF INDIA [LAWS(ALL)-2003-9-256] [REFERRED TO]
BYREGOWDA Y N VS. UNION OF INDIA AND ORS [LAWS(KAR)-2012-8-722] [REFERRED]
P S R KRISHNA VS. UNION OF INDIA [LAWS(APH)-2006-9-126] [REFERRED TO]
POLAR PHARMA INDIA LTD VS. DIRECTOR GENERAL OF FOREIGN TRADE [LAWS(CAL)-2002-3-48] [REFERRED TO]
MOTIPUR SUGAR FACTORY LTD. VS. JOINT SECRETARY, GOVT. OF INDIA, MINISTRY OF INDUSTRY [LAWS(CAL)-1984-4-37] [REFERRED TO]
RUCHIKA SINGH CHHABRA VS. AIR FRANCE INDIA AND ANR [LAWS(DLH)-2018-5-555] [REFERRED TO]
DILBAR SINGH NEGI VS. FOOTWEAR DESIGN & DEVELOPMENT INSTITUTE [LAWS(DLH)-2020-10-123] [REFERRED TO]
DILBAR SINGH NEGI VS. FOOTWEAR DESIGN & DEVELOPMENT INSTITUTE [LAWS(DLH)-2020-10-123] [REFERRED TO]
INDERJIT SINGH AND ORS. VS. STATE AND ORS. [LAWS(J&K)-2018-3-43] [REFERRED TO]
IRFANA AHMAD VS. STATE OF J&K AND ANOTHER [LAWS(J&K)-2018-4-83] [REFERRED TO]
UMED MAL VS. UNION OF INDIA [LAWS(RAJ)-1998-4-29] [REFERRED TO]
KALIMHAIDER SAFI HASAN SAIYED VS. STATE OF GUJARAT [LAWS(GJH)-2016-3-145] [REFERRED TO]
MANISH KUMAR MISHRA VS. UNION OF INDIA [LAWS(ALL)-2020-5-24] [REFERRED TO]
SHIV VIR SINGH VS. UNION OF INDIA THROU SECY MINISTRY OF HOME AFFAIRS & ORS [LAWS(ALL)-2018-4-63] [REFERRED TO]
GANNON DUNKERLEY AND CO LARSEN AND TOUBRO LIMITED VS. STATE OF RAJASTHAN [LAWS(SC)-1992-11-33] [REFERRED TO]
RAJ BAHADUR VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-4-51] [REFERRED TO]
NIRAJ CEMENT STRUCURALS LTD VS. UNION OF INDIA [LAWS(MANIP)-2019-3-10] [REFERRED TO]
VINOD KUMAR VS. UNION OF INDIA [LAWS(DLH)-2006-11-131] [REFERRED TO]
SANJAY SON OF BALDEO RAMTEKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-12-89] [REFERRED TO]
ANAND MOHAN VS. UNION OF INDIA [LAWS(ALL)-1987-6-4] [REFERRED TO]
JAYASWALS NECO LIMITED UNION OF INDIA VS. UNION OF INDIA [LAWS(DLH)-2007-7-345] [REFERRED]
LOKESH NAG VS. UNION OF INDIA [LAWS(CAL)-2012-10-63] [REFERRED TO]
ZAFAR KHAN VS. COAL INDIA LIMITED [LAWS(CAL)-2009-2-65] [REFERRED TO]
NETBALL ASSOCIATION OF CHANDIGARH VS. UNION OF INDIA (P&H) [LAWS(P&H)-2017-5-81] [REFERRED TO]
NATASHA SONDUR VS. UNION OF INDIA [LAWS(KAR)-2005-2-13] [REFERRED TO]
M VERGHESE VS. UNION OF INDIA [LAWS(CAL)-1962-9-19] [REFERRED TO]
KRISHNALAL SADHU VS. STATE OF WEST BENGAL [LAWS(CAL)-1965-1-4] [REFERRED TO]
VIVEKY RAI (EX. MAJOR) (T.A. NO. 42343) FORMERLY OF 129 INFANTRY VS. UNION OF INDIA THROUGH SECY. MINISTRY OF DEFENCE SOUTH BLOCK [LAWS(ALL)-2015-1-259] [REFERRED TO]
HARVINDER SINGH VS. FOOD CORPORATION OF INDIA AND ORS. [LAWS(P&H)-2003-2-158] [REFERRED TO]
MUNESH KUMAR VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-2-366] [REFERRED TO]
TEJ NARAYAN SINGH VS. JOINT ASSISTANT DIRECTOR (ACCOUNTS), PAY AND ACCOUNTS OFFICE, CRPF AND ANR. [LAWS(ALL)-2011-2-385] [REFERRED TO]
MEENAKSHI SATHISH VS. SOUTHERN PETROCHEMICAL INDUSTRIES [LAWS(KER)-2007-1-177] [REFERRED TO]
STERLING AGRO INDUSTRIES LTD VS. UNION OF INDIA [LAWS(DLH)-2011-8-93] [REFERRED TO]
MOHAN V PEDNEKAR VS. EXECUTIVE DIRECTOR H R INDIAN OIL CORPORATION LTD [LAWS(GJH)-2006-5-3] [REFERRED TO]
BALAJI RAIL ROAD SYSTEMS PRIVATE LIMITED VS. RAIL VIKAS THE NIGAM LTD. [LAWS(APH)-2017-2-64] [REFERRED TO]
NAWAL KISHORE SHARMA VS. UNION OF INDIA [LAWS(SC)-2014-8-8] [REFERRED TO]
PURNA CHANDRA KANUNGO VS. BANK OF INDIA [LAWS(ORI)-2016-1-85] [REFERRED TO]
ATAL BIHARI VS. UNION OF INDIA [LAWS(J&K)-2007-11-23] [REFERRED TO]
DENTAL COUNCIL OF INDIA VS. VISWANATH [LAWS(KER)-2017-8-252] [REFERRED TO]
R. RAJASEKARAN VS. THE UNION OF INDIA [LAWS(MANIP)-2016-10-9] [REFERRED TO]
ANANTA VISHWANATH DHOTRE VS. THE REGISTRAR MAHARASHTRA ANIMAL AND FISHERIES SCIENCE UNIVERSITY [LAWS(BOM)-2016-7-112] [REFERRED TO]
SHYAM KISHORE VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-5-31] [REFERRED TO]
S V PURANIK VS. INDIAN AIRLINES AND ORS [LAWS(BOM)-1990-9-110] [REFERRED]
QAZI MOINUDDIN VS. UNION OF INDIA [LAWS(DLH)-2010-10-73] [REFERRED TO]
EVEREST COAL CO PVT LTD VS. COAL CONTROLLER [LAWS(CAL)-1985-12-20] [REFERRED TO]
JYOTI PROKASH MITTER VS. HONBLE MR JUSTICE H K BOSE CHIEF JUSTICE OF HIGH COURT CALCUTTA [LAWS(CAL)-1963-3-15] [REFERRED TO]
EX-MAJOR VIVEKY RAI VS. UNION OF INDIA [LAWS(ALL)-2015-1-79] [REFERRED TO]
DINESH PRATAP SINGH VS. UNION OF INDIA [LAWS(ALL)-2012-8-219] [REFERRED TO]
RAJ KUMAR VS. UNION OF INIDA SECY DEPTT OF HOME [LAWS(ALL)-2014-3-305] [REFERRED TO]
R P TIWARI VS. SR COMMANDANT [LAWS(MPH)-2013-3-83] [REFERRED TO]
P. G. SAMUEL VS. UNION OF INDIA [LAWS(KER)-1999-11-100] [REFERRED TO]
LT. COL. MAHENDER SINGH YADAV VS. UNION OF INDIA [LAWS(KER)-2008-8-85] [REFERRED TO]
J C THIND L R THIND VS. UNION OF INDIA UOI [LAWS(ALL)-2005-9-52] [REFERRED TO]
ALL INDIA STEEL RE-ROLLERS ASSOCIATION; MADRAS STEEL REROLLERS ASSOCIATION; CENTRAL BOARD OF EXCISE AND CUSTOMS & ORS; ASHUTOSH BARANWAL; COMMISSIONER OF CUSTOMS (IMPORT-I) VS. ANIK INDUSTRIES LIMITED & ORS ; UNION OF INDIA & ORS [LAWS(MPH)-2016-6-184] [REFERRED TO]
RAMESH SINGH TOMAR VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-1-78] [REFERRED TO]
UNION OF INDIA AND ORS. VS. LT. COL. PURAN SINGH RAKWAL [LAWS(J&K)-2017-8-77] [REFERRED TO]
KHALIL ULLAH VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2018-2-22] [REFERRED TO]
GHULAM MOHI UD DIN AHANGER AND OTHERS VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2018-3-101] [REFERRED TO]
ANOOP VS. STATE OF KERALA [LAWS(KER)-2022-8-113] [REFERRED TO]
SHIVSHANKAR GUPTA S/O SHRI BUCHCHU SAO VS. UNION OF INDIA MINISTRY [LAWS(CHH)-2018-2-137] [REFERRED TO]
K. LAKSHMANAN VS. UNION OF INDIA [LAWS(KER)-2020-3-65] [REFERRED TO]
ARMOR SHIV KUMAR SINGH VS. UNION OF INDIA AND 2 OTHERS [LAWS(ALL)-2018-4-170] [REFERRED TO]
G. MADHAVAN NAIR VS. UNION OF INDIA AND ORS. [LAWS(KER)-2016-2-75] [REFERRED TO]
AUGUSTINE BABU P M VS. SH MOHD SAMIUR RAHMAN ANSARI AND OTHERS [LAWS(KER)-2017-8-151] [REFERRED TO]
HINDUSTAN PAPER CORPORATION LTD VS. SYNERGY COMPOSITES PVT LTD [LAWS(GAU)-2005-4-1] [REFERRED TO]
ELDYNE ELECTRO SYSTEMS PVT. LTD. VS. UNION OF INDIA [LAWS(CAL)-2021-8-77] [REFERRED TO]
BHAVENDRA HASMUKHLAL PATADIA VS. UNION OF INDIA [LAWS(GJH)-2022-4-1598] [REFERRED TO]
STERLING AGRO INDUSTRIES LTD VS. UNION OF INDIA [LAWS(DLH)-2011-3-132] [REFERRED TO]
IFB AUTOMOTIVE SEATING AND SYSTEMS LIMITED VS. UNION OF INDIA [LAWS(CAL)-2002-5-48] [REFERRED TO]
KAMINENI SATISH BABU VS. BRIG 30 INF BDE MUKHYALAYA [LAWS(APH)-1998-2-15] [REFERRED TO]
G GIRL RAJU VS. UNION OF INDIA [LAWS(APH)-1999-8-88] [REFERRED TO]
MAHESH CHANDRA BHATT VS. UNION OF INDIA [LAWS(UTN)-2011-8-33] [REFERRED TO]
BALACHANDRA VIGNESHWARA DIXIT UTTARA KANNADA DISTRICT VS. H S SRIKANTA BABU [LAWS(KAR)-2010-3-136] [REFERRED TO]
JITENDRA SINGH CHAHAR VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2014-4-361] [REFERRED TO]
SANJAY KUMAR VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-2-407] [REFERRED TO]
LT.COL.(MRS.) SAROJ MAHANTA VS. UNION OF INDIA & ORS. [LAWS(ALL)-2003-4-304] [REFERRED TO]
ALL INDIA BAJAJ ELECTRICALS EMPLOYEES FEDARATION VS. CHIEF LABOUR COMMISSIONER DELHI [LAWS(GJH)-1996-12-15] [REFERRED TO]
BINOD KUMAR SHARMA AND ORS. ETC. ETC. VS. THE UNION OF INDIA AND ORS. ETC. ETC. [LAWS(PAT)-2013-4-108] [REFERRED TO]
A.P.SHARMA VS. SECRETARY [LAWS(CHH)-2018-2-27] [REFERRED TO]
HAJI ESMAIL NOOR MOHAMMAD AND CO HAJI ESMAIL NOOR MOHAMMAD AND CO HAJI ESMAIL NOOR MOHAMMAD AND CO VS. COMPETENT OFFICER LUCKNOW:COMPETENT OFFICER LUCKNOW [LAWS(SC)-1967-3-3] [REFERRED]
LALVULLIEN VS. STATE OF MANIPUR [LAWS(MANIP)-2017-12-2] [REFERRED TO]
A.P. BALAKRISHNAN VS. KERALA STATE CO-OPERATIVE ELECTION COMMISSION & ORS. [LAWS(KER)-2016-7-128] [REFERRED TO]
INDO GULF EXPLOSIVES LIMITED VS. U P STATE INDUSTRIAL DEVELOPMENT CORPORATION [LAWS(DLH)-1999-4-9] [REFERRED TO]
DAYA SHANKER VS. CHIEF OF THE AIR STAFF NEW DELHI [LAWS(ALL)-1987-9-20] [REFERRED TO]
JITENDER KUMAR VS. UOI [LAWS(DLH)-2006-3-31] [REFERRED TO]
EASTERN COALFIELDS LIMITED VS. SUDAMA DAS [LAWS(CAL)-2006-12-53] [REFERRED TO]
A V BALAN VS. DISTRICT COLLECTOR TRICHUR [LAWS(KER)-1972-7-20] [REFERRED TO]
SHASHI KANT TIWARI VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-1-380] [REFERRED TO]
M.M. THAPAR VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2011-8-530] [REFERRED TO]


JUDGEMENT

- (1.)This appeal on a certificate of fitness granted by the High Court of Judicature, Jammu and Kashmir, is directed against the judgment and order dated December 7, 1954, in an application under Art. 32(2A) of the Constitution for issue of a writ, directions or order against the Union of India, through the Secretary, Ministry of Defence, New Delhi, as the first respondent and the State of Jammu and Kashmir through the Chief Secretary, Jammu and Kashmir State, as the second respondent.
(2.)The petition is based on the following allegations. The petitioner will be referred to as the appellant in the course of this judgment. He was aged 45 years 262 days on August 12, 1954. He was holding a regular commission in the Jammu and Kashmir State Forces, which were amalgamated with the Defence Forces of the Union with effect from September 1, 1949. The appellants holding the substantive rank of Lieut. Col, in the amalgamated forces had the right to continue in service until he attained the age of 53 years, which event will happen on November 20, 1961. The Government of India issued a letter dated July 31, 1954, retiring the appellant from the service with effect from August 12, 1954. This decision of the Government of India is not based on any allegations or charge of inefficiency, indiscipline or any other irregularity on the part of the appellant. The aforesaid decision of the Government of India prematurely retiring the appellant is impugned as illegal, unwarranted and discriminatory and as having been made in contravention of Art. 16(1) of the Constitution.
(3.)The petition was opposed on behalf of the respondents aforesaid on a number of preliminary grounds of which it is only necessary to mention the first, namely, that the authority against whom the writ is sought, that is to say, respondent No. 1, being outside the territorial limits of the jurisdiction of the Jammu and Kashmir High Court, the same was not maintainable. This preliminary objection was heard by a Division Bench, (Janki Nath Wazir, C. J. and M. A. Shahmiri, J.), Jammu and Kashmir High Court. By its judgment dated December 7, 1954, the High Court upheld the preliminary objection. The High Court, relying upon the decisions of this Court in Election Commission, India v. Saka Venkata Subba Rao, 1953 SCR 1144: (AIR 1953 SC 210) and K. S. Rashid and son v. The Income Tax Investigation Commission etc., 1954 SCR 738: (AIR 1954 SC 207) held that it had no jurisdiction to issue a writ against the first respondent and, therefore, dismissed the petition, but the High Court granted the necessary certificate under Art. 132 of the Constitution; hence this appeal.
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