UNION OF INDIA versus MOHAN SINGH AND ORS.

UNION OF INDIA versus MOHAN SINGH AND ORS.

The function of assessing the sufficiency and genuineness of documentary evidence for the Freedom Fighters' Pension is vested in the Government, and the High Court cannot substitute its view for that of the Government.

Parties
Appellant: Union of India; Respondents: Mohan Singh and Ors.
Jurisdiction
India
Judgment Date
09 September 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dated 1.6.1995 in C.w.p. No. 3790 of 1994
Outcome
Appeal allowed. High Court order set aside. Writ petition dismissed without costs.
Legal Topics
Freedom Fighters' Pension Scheme, Judicial Review of Administrative Decisions
Administrative Law Social Welfare Law Freedom Fighters' Pension Scheme Judicial Review of Administrative Decisions

Case Brief

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Parties

Union of India

Appellant

Mohan Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dated 1.6.1995 in C.w.p. No. 3790 of 1994

Legal Issues

  1. 1 Whether the evidence produced by the respondents was sufficient to establish their entitlement to the Freedom Fighters' Pension under the relevant scheme
  2. 2 Whether the High Court was correct in substituting its appraisal of evidence for that of the Government

Ratio Decidendi

The function of assessing the sufficiency and genuineness of documentary evidence for the Freedom Fighters' Pension is vested in the Government, and the High Court cannot substitute its view for that of the Government.

Court Disposition

Appeal allowed. High Court order set aside. Writ petition dismissed without costs.

Orders

  • Order of the High Court stands set aside.
  • Writ petition stands dismissed without costs.