N.T.P.C. Ltd vs Union Of India & Ors on 28 February, 2014
In Gouripore Co. Limited & Ors. Vs. State of West Bengal & Anr.
reported in 1975 (1) LLJ 247, a learned Single Judge held that an order of
reference under Section 10(1) of the Act can be challenged in an application
under Article 226 of the Constitution of India that it can be challenged on the
grounds that the (i)order is void ab initio (ii) without jurisdiction or (iii) when the
order of reference is made in bad faith or mala fide or (iv) the appropriate
Government had no material before it or (v) it did not apply its mind to a
material fact or (vi) has taken into consideration some irrelevant or extraneous
considerations or (vii) has not taken into consideration certain vital facts and
materials which it ought to have taken into consideration.