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1 - 10 of 12 (1.22 seconds)Fertilizer Corporation Kamgar Union ... vs Union Of India And Others on 13 November, 1980
In Fertilizer Corporation case (AIR 1981 SC 344 at 350
this Court speaking through Chandrachud, C.J., observed:
K. N. Guruswamy vs The State Of Mysore And Others on 24 May, 1954
The only question that arises for consideration is
whether on the facts and in the circumstances, the
Corporation was not justified in selling the property by
private negotiations in favour of M/s. Gumraj Plantations at
the instance of P.M. Jacob. It is needless to state that the
Government or public authorities should make all attempts to
obtain the best available price while disposing of public
properties. They should not generally enter into private
arrangements for the purpose. These principles may be taken
as well established by the following decisions of this
Court: (i) K.N. Guruswamy v. The State of Mysore and others,
[1955] 1 SCR 305 at 312; (ii) Mohinder Singh Gill & Anr. v.
The Chief Election Commissioner, New Delhi and others,
[1978] 2 SCR 272; (iii) R.D. Shetty v. The International
Airport Authority of India and Ors., [1979] 3 SCR 1014; (iv)
Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir and
Anr., [1980] 3 SCR 1338; (v) Fertilizer Corporation Kamagar
Union v. Union of India, AIR 1981 SC 344; (vi) Ram and Shyam
Company v. State of Haryana and Ors. [1985] Supp.
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
The only question that arises for consideration is
whether on the facts and in the circumstances, the
Corporation was not justified in selling the property by
private negotiations in favour of M/s. Gumraj Plantations at
the instance of P.M. Jacob. It is needless to state that the
Government or public authorities should make all attempts to
obtain the best available price while disposing of public
properties. They should not generally enter into private
arrangements for the purpose. These principles may be taken
as well established by the following decisions of this
Court: (i) K.N. Guruswamy v. The State of Mysore and others,
[1955] 1 SCR 305 at 312; (ii) Mohinder Singh Gill & Anr. v.
The Chief Election Commissioner, New Delhi and others,
[1978] 2 SCR 272; (iii) R.D. Shetty v. The International
Airport Authority of India and Ors., [1979] 3 SCR 1014; (iv)
Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir and
Anr., [1980] 3 SCR 1338; (v) Fertilizer Corporation Kamagar
Union v. Union of India, AIR 1981 SC 344; (vi) Ram and Shyam
Company v. State of Haryana and Ors. [1985] Supp.
Kasturi Lal Lakshmi Reddy vs State Of Jammu And Kashmir & Another on 9 May, 1980
The only question that arises for consideration is
whether on the facts and in the circumstances, the
Corporation was not justified in selling the property by
private negotiations in favour of M/s. Gumraj Plantations at
the instance of P.M. Jacob. It is needless to state that the
Government or public authorities should make all attempts to
obtain the best available price while disposing of public
properties. They should not generally enter into private
arrangements for the purpose. These principles may be taken
as well established by the following decisions of this
Court: (i) K.N. Guruswamy v. The State of Mysore and others,
[1955] 1 SCR 305 at 312; (ii) Mohinder Singh Gill & Anr. v.
The Chief Election Commissioner, New Delhi and others,
[1978] 2 SCR 272; (iii) R.D. Shetty v. The International
Airport Authority of India and Ors., [1979] 3 SCR 1014; (iv)
Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir and
Anr., [1980] 3 SCR 1338; (v) Fertilizer Corporation Kamagar
Union v. Union of India, AIR 1981 SC 344; (vi) Ram and Shyam
Company v. State of Haryana and Ors. [1985] Supp.
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
In R.D. Shetty v. The International Airport Authority
of India and Ors. [1979] 3 SCR 1014 at 1041 Bhagwati, J.
speaking for the Court observed:
E. P. Royappa vs State Of Tamil Nadu & Anr on 23 November, 1973
This rule also flows directly from the
doctrine of equality embodied in Art 14. It is now
well settled as a result of the decisions of this
Court in E.P. Rayappa v. State of Tamil Nadu and
Maneka Gandhi v. Union of India that Article 14
strikes at arbitrariness in State action and
ensures fairness and equality of treatment. It
requires that State action must not be arbitrary
but must be based on some rational and relevant
principle which is non-discriminatory: it must not
be guided by any extraneous or irrelevant
considerations, because that would be denial of
equality. The principle of reasonableness and
rationality which is legally as well as
philosophically an essential element of equality
or non-arbitrariness is protected by Art. 14 and
it must characterise every State action, whether
it be under authority of law or in exercise of
executive power without making of law. The State
cannot, therefore, act arbitrarily in entering
into relationship, contractual or otherwise with a
third party, but its action must conform to some
standard or norm which is rational and non-
discriminatory."
Maneka Gandhi vs Union Of India on 25 January, 1978
This rule also flows directly from the
doctrine of equality embodied in Art 14. It is now
well settled as a result of the decisions of this
Court in E.P. Rayappa v. State of Tamil Nadu and
Maneka Gandhi v. Union of India that Article 14
strikes at arbitrariness in State action and
ensures fairness and equality of treatment. It
requires that State action must not be arbitrary
but must be based on some rational and relevant
principle which is non-discriminatory: it must not
be guided by any extraneous or irrelevant
considerations, because that would be denial of
equality. The principle of reasonableness and
rationality which is legally as well as
philosophically an essential element of equality
or non-arbitrariness is protected by Art. 14 and
it must characterise every State action, whether
it be under authority of law or in exercise of
executive power without making of law. The State
cannot, therefore, act arbitrarily in entering
into relationship, contractual or otherwise with a
third party, but its action must conform to some
standard or norm which is rational and non-
discriminatory."
Sachidananda Pandey vs State Of West Bengal & Ors on 11 February, 1987
In Shri Sachidanand Pandey v. State of West Bengal, AIR
1987 SC 1109 at 1133, O. Chinnappa Reddy, J. after
considering almost all the decisions of this Court on the
subject summarised the propositions in the following terms: