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India Case Law

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Company law

MOONS TECHNOLOGIES LTD. (FORMERLY KNOWN AS FINANCIAL TECHNOLOGIES INDIA LTD.) & ORS. versus UNION OF INDIA

The amalgamation order dated 12.02.2016, passed under Section 396, was ultra vires the Companies Act, 1956 and violative of Article 14, because the essentiality test and required compensation assessment under Section 396(3) were not fulfilled, rendering the order arbitrary and unreasonable.

Source excerpt

  • Compulsory amalgamation
  • Administrative orders
  • Compensation to shareholders and creditors
  • Natural justice
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Service law

D. GANESH RAO PATNAIK AND ORS. versus STATE OF JHARKHAND AND ORS.

Direct recruits appointed against allotted quota are entitled to seniority over promotees; for determining the quota, entire cadre (including temporary posts) must be considered; promotees cannot be placed above direct recruits where promotions were made in excess of quota without a conscious decision by the State Government in consultation with the High Court.

Source excerpt

  • Seniority
  • Direct recruitment vs promotee quota
  • Judicial service
  • Bihar superior judicial service rules, 1946
  • Administrative orders
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Constitutional law

E.T. SUNUP versus C.A.N.S.S. EMPLOYEES ASSOCIATION AND ANR.

Appellant failed to revoke administrative order banning GPF withdrawal by a formal administrative order, despite Court direction; such failure amounted to contempt as it demonstrated deliberate circumvention and violation of Court orders.

Source excerpt

  • Contempt of court
  • Disobedience of court orders
  • Administrative orders
  • General provident fund
  • Judicial oversight over administration
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Labour law

THE SECRETARY, INDIAN TEA ASSOCIATION versus AJIT KUMAR BARAT AND ORS.

The Government's decision not to refer the dispute was based on proper consideration of the respondent's salary, allowances, and managerial functions, showing he was not a workman. No irrelevant or foreign material influenced the administrative order, so judicial interference was unwarranted.

Source excerpt

  • Industrial disputes
  • Reference by government
  • Definition of workman
  • Administrative orders
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Service law

S.K. MATHUR AND ORS. versus UNION OF INDIA AND ORS.

Deputationists' appointments and seniority are valid in absence of service rules; their prior service in parent department counts towards seniority; date of confirmation can be adopted for determining seniority; Tribunal erred in denying benefit to appellants.

Source excerpt

  • Seniority
  • Deputation
  • Recruitment rules
  • Absorption
  • Appointment
  • Confirmation
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Service law

UNION OF INDIA & ORS. versus E.G. NAMBUDIRI

The superior authority is not legally obliged to record or communicate reasons when rejecting a representation against adverse remarks in confidential reports unless mandated by statutory rule or instruction. Such rejection does not affect any vested right or civil consequences of the government servant and is not rendered invalid for lack of reasons, provided the matter was considered in a fair and just manner.

Source excerpt

  • Confidential reports
  • Adverse remarks
  • Principles of natural justice
  • Administrative orders
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Property law

V. PARUKUTTY MANNADISSIAR & ANR. versus STATE OF KERALA & ORS.

The appellants are entitled to the return of 92 acres of land as per the binding direction of the High Court. Government had no authority to alter this decision by administrative order. If identified lands cannot be delivered, compensation is to be given as per the provisions of the Land Acquisition Act using the relevant date as notification.

Source excerpt

  • Vesting of private forests
  • Administrative orders
  • Compensation for land acquisition
  • Implementation of court orders
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International law

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.

Source excerpt

  • State immunity
  • Principles of natural justice
  • Administrative orders
  • Right to carry on trade
  • Consent to sue foreign state
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Labour and industrial law

MAHABIR JUTE MILLS LTD. GORAKHPUR versus SHIBBAN LAL SAXENA AND ORS.

Administrative orders refusing reference under U.P. Industrial Disputes Act need not be speaking orders absent statutory requirement; government may consider relevant materials including secret reports from Conciliation Officer, and full compliance with natural justice occurred at inquiry stage. Court lacks jurisdiction to direct government in exercise of statutory discretion, and subsequent government reference following High Court direction falls with quashing of that order. Appeal is allowed and orders quashed.

Source excerpt

  • Administrative orders
  • Industrial disputes
  • Principles of natural justice
  • Judicial review
  • Speaking order
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.