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1 - 10 of 21 (0.45 seconds)Article 14 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998
In that very judgment, i.e., Raunaq International Limited
(supra), the elements of public interest are also noted. It is held
thus:
Air India vs Cochin International Airport Ltd on 31 January, 2000
12. In U.P. Financial Corporation. v. Naini Oxygen &
Acetylene Gas Ltd. (1995) 2 SCC 754, this Court held that it was
not a matter for the courts to decide as to whether the Financial
Corporation should invest in the defaulting unit, to revive or to
rehabilitate it and whether even after such investment the unit
would be viable or whether the Financial Corporation should
realise its loan from the sale of the assets of the Company. The
Court observed that a Corporation being an independent
autonomous statutory body having its own constitution and rules
to abide by, and functions and obligations to discharge, it is free
to act according to its own right in the discharge of its functions.
The views it forms and the decisions it takes would be on the
basis of the information in its possession and the advice it
receives and according to its own perspective and calculations. In
such a situation, more so in commercial matters, the Courts
should not risk their judgment for the judgments of the bodies to
which that task is assigned. The Court further held that:
U.P. Financial Corporation vs Gem Cap (India) Pvt. Ltd. And Ors on 2 March, 1993
In U.P. Financial Corporation v. Gem Cap (India) Pvt.
Ltd. & Ors. (1993) 2 SCC 299, it was observed that the High
Court while exercising its jurisdiction under Article 226 of the
Constitution cannot sit as an appellate authority over the acts
and deeds of the corporation and seek to correct them, and that
the doctrine of fairness, evolved in administrative law, was not
supposed to convert the writ Courts into appellate authorities
over administrative authorities.
Karnataka State Financial Corporation vs Micro Cast Rubber & Allied Products (P) ... on 3 June, 1996
In Karnataka State Financial Corporation v. Micro Cast
Rubber & Allied Products (P) Ltd. & Ors. (1996) 5 SCC 65 the
issue was whether the financial corporation was wrong in
rejecting the offer given by the borrower which, after proper
evaluation, was considered lower than the offer made by the
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purchasers. This Court, while upholding the action of the
financial corporation, held that the action of the said financial
corporation should not be interfered with if it has acted broadly
in consonance with the guidelines.
Karnataka State Industrial Investment ... vs Cavalet India Ltd. And Ors on 30 March, 2005
In Karnataka State Industrial Investment &
Development Corporation Limited v. Cavalet India Ltd. &
Ors. (2005) 4 SCC 456, this court after taking into consideration
various questions on various subjects laid down the following
legal principles, viz.-
Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006
66. We are also not shutting our eyes
towards the new principles of judicial review
which are being developed; but the law as it
stands now having regard to the principles laid
down in the aforementioned decisions may be
summarised as under:
Delhi Science Fortum & Ors vs Union Of India & Anr on 19 February, 1996
28. It may also be pertinent to note the judgment of this Court in
Delhi Science Forum (supra), where it observed as follows: