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Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002

16. We are constrained to refer to the above decisions and principles contained therein because we find that often Uma Devis case (supra) is being applied by Courts mechanically as if it were a Euclids formula without seeing the facts of a particular case. As observed by this Court in Bhavnagar University (supra) and Bharat Petroleum Corporation Ltd.
Supreme Court of India Cites 59 - Cited by 919 - S B Sinha - Full Document

Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978

18. We may further point out that a seven-Judge Bench decision of this Court in Maneka Gandhi vs. Union of India & Anr. AIR 1978 SC 597 has held that reasonableness and non-arbitrariness is part of Article 14 of the Constitution. It follows that the government must act in a reasonable and non-arbitrary manner otherwise Article 14 of the Constitution would be violated. Maneka Gandhis case (supra) is a decision of a seven-Judge Bench, whereas Uma Devis case (supra) is a decision of a five-Judge Bench of this Court. It is well settled that a smaller bench decision cannot override a larger bench decision of the Court. No doubt, Maneka Gandhis case (supra) does not specifically deal with the question of regularization of government employees, but the principle of reasonableness in executive action and the law which it has laid down, in our opinion, is of general application.
Supreme Court of India Cites 126 - Cited by 1969 - M H Beg - Full Document
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