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1 - 10 of 22 (0.26 seconds)Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Factories Act, 1948
A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988
35. As a matter of fact, the greatness of the
Court lies only in its courage and ability to correct
its mistakes. Justice is more precious than
discipline. This was the principle that the Supreme
Court highlighted in A.R. Antulay v. R.S.
Nayak [AIR 1988 SC 1531]. It was observed in the
said decision that “in rectifying an error, no
personal inhibitions should debar the Court
because no person should suffer by reason of any
mistake of the Court.” The Supreme Court focused
on the elementary rule of justice that no party
should suffer due to the mistake of the Court.
Union Of India & Anr vs Kartick Chandra Mondal & Anr on 15 January, 2010
In Union of India v. Kartick Chandra
Mondal [(2010) 2 SCC 422], the Supreme Court,
relying upon its previous decisions in various cases
including the one in State of Bihar v. Upendra
Narayan Singh [(2009) 5 SCC 65], held that Article
14 is a positive concept and that it cannot be
enforced in a negative manner. The Court further
held that if an illegality or irregularity has been
committed in favour of any individual or a group of
individuals or a wrong order has been passed by a
judicial forum, others cannot invoke the jurisdiction
of the higher or superior Court for repeating or
multiplying the same irregularity or illegality or for
passing a wrong order. Interestingly, the decision
of the Supreme Court in Kartick Chandra
Mondal was subsequent to the decision in Maharaj
Krishan Bhatt and the decision in Maharaj Krishan
Bhatt is also referred to in Kartick Chandra
Mondal. “
State Of Bihar vs Upendra Narayan Singh & Ors on 20 March, 2009
In Union of India v. Kartick Chandra
Mondal [(2010) 2 SCC 422], the Supreme Court,
relying upon its previous decisions in various cases
including the one in State of Bihar v. Upendra
Narayan Singh [(2009) 5 SCC 65], held that Article
14 is a positive concept and that it cannot be
enforced in a negative manner. The Court further
held that if an illegality or irregularity has been
committed in favour of any individual or a group of
individuals or a wrong order has been passed by a
judicial forum, others cannot invoke the jurisdiction
of the higher or superior Court for repeating or
multiplying the same irregularity or illegality or for
passing a wrong order. Interestingly, the decision
of the Supreme Court in Kartick Chandra
Mondal was subsequent to the decision in Maharaj
Krishan Bhatt and the decision in Maharaj Krishan
Bhatt is also referred to in Kartick Chandra
Mondal. “
Basawaraj & Anr vs Spl.Laq Officer on 22 August, 2013
30. The Hon'ble Supreme Court of India, in the case of
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Basawaraj vs. Special Land Acquisition Officer [(2013) 14 SCC 81], in
clear terms held that “It is a settled legal proposition that Article 14 of the
Constitution is not meant to perpetuate illegality or fraud, even by extending
the wrong decisions made in other cases. The said provision does not
envisage negative equality but has only a positive aspect. Thus, if some other
similarly situated persons have been granted some relief/benefit
inadvertently or by mistake, such an order does not confer any legal right on
others to get the same relief as well. If a wrong is committed in an earlier
case, it cannot be perpetuated. Equality is a trite, which cannot be claimed in
illegality and therefore, cannot be enforced by a citizen or Court in a
negative manner. If an illegality and irregularity has been committed in
favour of an individual or a group of individuals or a wrong order has been
passed by a Judicial Forum, others cannot invoke the jurisdiction of the
Higher or Superior Court for repeating or multiplying the same irregularity
or illegality or for passing a similarly wrong order. A wrong order/decision
in favour of any particular party does not entitle any other party to claim
benefits on the basis of the wrong decision. Even otherwise, Article 14
cannot be stretched too far for otherwise it would make functioning of
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administration impossible.”