Search Results Page
Search Results
1 - 9 of 9 (0.24 seconds)Mrs. Shailaja R. Khanvilkar And Ors vs The Union Of India Throu The Ministry Of ... on 30 September, 2019
2. It is the contention of the petitioner that on the
earlier occasion, the oil marketing companies have
issued circular under the same nomenclature on 4th
January, 2018 and 9th January, 2018 respectively
regarding the policy of customer transfer from one
distributor to another distributor. The said policy was
2
under challenge initially before the Hon'ble Division
Bench of the Bombay High Court in writ petition
No.8753 of 2018 [Mrs. Shailaja R. Khanvilkar & Ors.
Vs. Union of India & Ors.] wherein the Division Bench
of the Bombay High Court has quashed the said
circular dated 4th January, 2018 issued by the oil
marketing companies against which oil marketing
companies proceeded to the Hon'ble Apex Court
through SLP. The Hon'ble Apex Court had not granted
any stay against the order of the Hon'ble Bombay High
Court and had admitted for hearing under civil appeal.
Tata Cellular vs Union Of India on 26 July, 1994
In Tata Cellular (supra), the Hon'ble Apex Court has set
out some principles where a writ Court can entertain
petition in respect of the policy of a Govt. there are as
follows:-
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
In Balco Employees' Union (supra), the Hon'ble Apex
Court has also embodied some principles regarding
judicial restraint in policy decision of the State as
follows:-
Directorate Of Film Festivals & Ors vs Gaurav Ashwin Jain & Ors on 11 April, 2007
In Directorate of Film Festivals (supra), the Hon'ble
Apex Court has also dealt with scope of judicial
review of governmental policy as follows:-
Nagar Rice & Flour Miills & Ors vs N. Teekappa Gowda & Bros. & Ors on 27 February, 1970
In Nagar Rice & Flour Mills (supra), the Hon'ble Apex
Court has dealt with fundamental right of the citizens
enshrined under Article 19 (1) (g) of the Constitution
of India, which can be exercised subject to the
restrictions under Article 19 (6) (i).
Narmada Bachao Andolan vs Union Of India And Others on 18 October, 2000
In Narmada Bachao Andolan v. Union of India there
was a challenge to the validity of the establishment of
a large dam. It was held by the majority at p.762 as
follows:-
Brij Mohan Lal vs Union Of India & Ors on 6 May, 2002
23. The learned advocate for the petitioner has also
cited a judgment reported in (2012) 6 SCC 502 [Brij
Mohan Lal vs. Union of India & Ors.], wherein the
14
Hon'ble Apex Court has categorically absorbed that
the policy decision of the State cannot be challenged
in the writ petition as follows:-
M/S. Cls Limited & Anr vs Union Of India & Ors on 10 October, 2023
3. The circular dated 9th January, 2018 was also under
challenge before this Court in writ petition being WPA
20391 of 2023 [M/s. CLS Limited & Ors. Vs. Union of
India], wherein this Court vide judgment dated 20th
February, 2025 has directed the said circulars to be
unreasonable, arbitrary and irrational and also directed
the concerned oil marketing companies to return the
customers in favour of the petitioner therein.
1