HARBHAJAN SINGH DHALLA versus UNION OF INDIA

HARBHAJAN SINGH DHALLA versus UNION OF INDIA

Central Government's refusal to grant sanction on vague 'political grounds' without sufficient, clear, explicit reasons violates principles of natural justice and is not in accordance with law; petitioner’s right to have claims judicially determined should be safeguarded.

Parties
Petitioner: Harbhajan Singh Dhalla; Respondent: Union of India
Jurisdiction
India
Judgment Date
05 November 1986
Procedural Posture
Writ Petition / Final Decision
Outcome
petition allowed; impugned order set aside
Legal Topics
State Immunity, Principles of Natural Justice, Administrative Orders, Right to Carry on Trade, Consent to Sue Foreign State
International Law Civil Procedure Constitutional Law State Immunity Principles of Natural Justice Administrative Orders Right to Carry on Trade Consent to Sue Foreign State

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Parties

Harbhajan Singh Dhalla

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether Central Government's refusal to grant permission to sue a foreign state under section 86 of CPC was lawful.
  2. 2 Whether the principle of natural justice was observed in the refusal of consent.
  3. 3 Whether a citizen has the right to carry on business and seek proper remuneration.

Ratio Decidendi

Central Government's refusal to grant sanction on vague 'political grounds' without sufficient, clear, explicit reasons violates principles of natural justice and is not in accordance with law; petitioner’s right to have claims judicially determined should be safeguarded.

Court Disposition

petition allowed; impugned order set aside

Orders

  • Order dated 26th November, 1983 refusing sanction is set aside.
  • Union of India directed to reconsider the matter.