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1 - 10 of 26 (0.25 seconds)Article 131 in Constitution of India [Constitution]
Section 19 in The Terrorist And Disruptive Activities (Prevention) Act, 1987 [Entire Act]
The Terrorist And Disruptive Activities (Prevention) Act, 1987
Article 226 in Constitution of India [Constitution]
Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
Babubhai Jashbhai Patel And Ors. vs Union Of India (Uoi) And Ors. on 2 September, 1982
In BABUBHAI JASHBHAI PATEL v. UNION OF INDIA (supra), the former Chief Minister and the Leader of Opposition fil
questioning the quantum of royalty payable by the Central Government
to the State of Gujarat. It was held that Article 131 of
Constitution cannot be avoided merely because the State is not a strictly a
party but projected private individuals to raise a question in the guise
of a Public Interest Litigation. In the instant case, there is no
basis to say that the private individuals, who are the accused are not necessary parties to this petition. The necessary par
subject matter. May be the private respondents, other than the accused
respondents, are not necessary parties as they are not affected
personally. But the accused respondents are the only really interested and affected parties without whose impleadment, the w
cannot be maintainable as it would be hit by non-joinder of necessary
parties.
The Prevention Of Terrorism (Amendment) Act, 2003
Section 4 in The Terrorist And Disruptive Activities (Prevention) Act, 1987 [Entire Act]
State Of Bihar vs Union Of India & Anr on 19 September, 1969
Countering the above arguments, Mr. C.S. Vaidyanathan,
senior counsel appearing for the petitioner - State Government has
submitted that even though the petitioner - State Government has filed the
writ petitions, they are only questioning the provisions of the
Central Act in the context of the constitutional scheme and particularly
on the question of encroaching the judicial powers of the State and
that in any event, as the parties are not only the State Government and the Central Government but as there are private indiv
legal proposition applicable is one rendered by the Supreme Court in
STATE OF BIHAR v. UNION OF INDIA (1970 (1) SCC 67) and UNION OF INDIA v. STATE OF RAJASTHAN (1984) 4 SCC 238). Mr. V.T. Gopa
that private individuals impleaded are not necessary parties and
their presence should be ignored, that this Court should assume that the
lis is inter se only the State Government and the Central Government
and that the Writ Petitions should be dismissed as not maintainable
under Article 226 of Constitution of India.