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Phoenix Pvt.Ltd vs State Of Andhra Pradesh on 5 November, 2019

The Government is expected to be model litigant maintaining ethical standards in prosecuting the litigation being a compulsive litigant. The Government of India in view of certain observations made in various Judgments by the Apex Court in "State Of Punjab v M/S. Geeta Iron & Brass Works Ltd.3" and "Chief Conservator of Forests, Government of Andhra Pradesh v. Collector4" adopted National Litigation Policy, but it did not yield fruitful results and it totally failed. But, the Government of India being a model litigant is under obligation under common law has not always been clear, but the written policies seek to provide clarity and guidance as to what conduct is required of a model litigant. Behind each of the duties an overreaching duty to act honestly, fairly, with complete propriety and in accordance with 3 (1978) 1 SCC 68 4 (2003) 3 SCC 472 MSM,J WP_16187_2019 17 the highest professional standards. It goes beyond the requirement for lawyers to act in accordance with their ethical obligations and merely acting honestly or in accordance with the law and court rules. The policies all variously refer to the following specific duties, some of which have long been recognised by the Courts.
Andhra Pradesh High Court - Amravati Cites 10 - Cited by 0 - M S Murthy - Full Document

Ibrahim Ali vs The State Of Assam And 6 Ors on 23 March, 2022

The date of selection may be so fixed or manipulated as to entertain some applicants Page No.# 6/9 and reject others, arbitrarily. Hence, in the absence of a fixed date indicated in the advertisement/notification inviting applications with reference to which the requisite qualifications should be judged, the only certain date for the scrutiny of the qualifications will be the last date for making the applications. We have, therefore, no hesitation in holding that when the Selection Committee in the present case, as argued by Shri Manoj Swarup, took into consideration the requisite qualifications as on the date of selection rather than on the last date of preferring applications, it acted with patent illegality, and on this ground itself the selections in question are liable to be quashed. Reference in this connection may also be made to two recent decisions of this court in A.P. public service commission, Hyderabad v. B. Sarat Chandra' and District Collector & Chairman, Vizianagaram Social Welfare Residential School Society, Vizianagaram v. M. Tripura Sundari Devi."
Gauhati High Court Cites 4 - Cited by 0 - S K Medhi - Full Document

Dr. Mithun Paul vs The State Of Assam And 6 Ors on 8 September, 2023

The date of selection may be so fixed or manipulated as to entertain some applicants Page No.# 12/16 and reject others, arbitrarily. Hence, in the absence of a fixed date indicated in the advertisement/notification inviting applications with reference to which the requisite qualifications should be judged, the only certain date for the scrutiny of the qualifications will be the last date for making the applications. We have, therefore, no hesitation in holding that when the Selection Committee in the present case, as argued by Shri Manoj Swarup, took into consideration the requisite qualifications as on the date of selection rather than on the last date of preferring applications, it acted with patent illegality, and on this ground itself the selections in question are liable to be quashed. Reference in this connection may also be made to two recent decisions of this court in A.P. public service commission, Hyderabad v. B. Sarat Chandra' and District Collector & Chairman, Vizianagaram Social Welfare Residential School Society, Vizianagaram v. M. Tripura Sundari Devi."
Gauhati High Court Cites 9 - Cited by 0 - S K Medhi - Full Document
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