CiteTEXT
...required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with some princip...State instrumentality would stand vitiated if it lacks bona fides, as it would only be a case of colourable exercise of power. The rule of law is the foundation of a democratic s...investigation. Thus, vide order dated 15-12-1997, this Court issued notice to the State of U.P to indicate its consent to an investigation being made by the Central Bureau of Investigation (hereinafter...
...State within the meaning of Article 12 as it is undoubtedly an instrumentality of the State on the basis of the test laid down by this Court. ...P.N Bhagwati, C.J— In this appeal by special leave the appellant who is a freelance journalist by profession and a Member of the Maharashtra State Legal Aid and Advice...State is the ex-officio President and the Minister for Social Welfare is the Vice-President of the Governing Council of the Society. The said Society receives grants fro...
...agency or instrumentality of the State so as to come within the purview of ‘other authorities’ in Article 12 of the Constitution.”36. How...concerned, they were included subject to their satisfying the test of being “within the territory of India” or being “under the control of the Government of India”. It i...“one more test and perhaps a more satisfactory one” for determining whether a statutory corporation, body or other authority falls within the definition of “the State” and the test is—...
...authority and State Corporation, therefore, is subject to control of the Government. The public corporation, being a corporation of the State, is subject to the constitutional li...of the State, as an instrumentality, the exercise of the power is public. Sometimes, the test is formulated by asking whether the corporation was formed by or u...the purpose of Article 12, the Court must see necessarily through the corporate veil to ascertain behind the veil the face of instrumentality or agency of the ...
...no doubt that this obvious requirement must be satisfied by every action of the State or its instrumentality in order to satisfy the test of validity.31. It is...executive authority must be subject to rule of law and must be informed by reason. So, whatever be the activity of the public authority, it should meet the test of Article 14…..”...minimal requirements of public law obligations and impress with this character the contracts made by the State or its instrumentality. It is a different matter that the scope of judicial ...
...Government. Though their employees are not civil servants, it being a public authority and State Corporation, therefore, is subject to control of the Government. The public corporation, being a corporation ...other person must be present to make a person an authority. When the person is an agent or functions on behalf of the State, as an instrumentality, the exericse of the power is p...Court must see necessarily through corporate veil to ascertain behind the veil the face of instrumentality or agency of the State has assumed the garb of a governmental ...
...approval of the Government before any new policy of management is adopted, or by any other mechanism. Counsel for Shriram also pointed out the inappositeness of the State action doctrine ..., AIR 1979 SC 1628, (1979) 3 SCR 1014 accepted and adopted the rationale of instrumentality or ag...., however, in the same case propounded a broader test. The learned Judge emphasised that the concept of “State” had undergone drastic changes in recent years and today “State” could not ...
...indicating that the Corporation is an instrumentality or agency of the Government. The second test of “existence of deep and pervasive State control” which, according to...provisions of art. 19 of the Constitution and the State Government which owns the company may discharge these functions through the instrumentality of this Corporation f...shall be wholly owned by the State Government as expressly declared in cl. V. of the memorandum of association. The Corporation so registered under the Companies Act claims that it is an ...
...respect of the work for which no loss had so far arisen. Therefore ext. P5 visits the petitioner with adverse civil consequence. That is issued by the officer in the names of an authority which sa...K.A.Abdul Gafoor, J.:-
10. I am at a lost to understand this fictitious proposition. As at present the existing contractor has not fallen out of the agreement. As at...present no amount had been quantified against the petitioner as risk and loss. There is no whisper in the affidavits filed by the first respondent that by reason of the conduct of the pet...
...State. It is no longer possible to justify the finding that the institute is not amenable to the writ jurisdiction of the High Court merely on the ground that it is a public limited compa...registered under the Indian Companies Act, is an instrumentality of the State within the meaning of Art. 12 and/or Art. 226 of the Constitutio...resisted. A preliminary objection was taken that the writ petition was not maintainable as the respondent was not an instrumentality of the State.6. At the time of...
...given enactment. There are a number of tests which could be applied in judging the character of an entity, namely, the test of origin, the test of agency or ...test, the monopolistic status of an entity, test concerning areas of operations, the test of economies of scale, the test of control, ...instrumentality, test of monopolistic status, test of mobilisation of resources, etc. In the present case, we find that the legislature has opted for an economic criterion, namel...
...affiliation of any institution to these Boards does not make the institution an instrumentality of the State under Article 12 of the Constitution of India. The ...instrumentality of the State under Article 12 of the Constitution of India nor is under the Control of any Government authorities nor the salary of ...:-
"(i). Issue a writ, order or direction, in the nature of certiorari to quash the impugned order dated 03.06.2021 issued by the respondent no.3 and 4. (ii). Issue...
..., namely, the test of origin, the test of agency or instrumentality of the State, the functional test, the monopolistic status ...of scale, the test of control, the role of the entity in the priority sector, etc. Therefore, there is no one conclusive test applicable to decide the character...is not necessary to go into details of the controversies raised by both parties. It is suffice to state that the plaintiff was one of the bidders in the international tender floated on be...
...by the Supreme Court. We do not agree. In our opinion every school cannot be regarded as State under Article 12 of the Constitution and a writ petition will not lie against a purely priva..., Kunraghat, Gorakhpur was also not State or its instrumentality within the meaning of Article 12 of the Constitution...which body can be regarded as an instrumentality or an agency of the State has been laid down in a series of the decisions of the Supreme Court and it is not necessary to refer t...
...:“39. State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or...Indian Law and the doctrine of legitimate expectationsH.6 Expectations breached by the State of JharkhandH.7 The technical defences to ...last paragraph of a notification dated 8 January 2015 issued by the State government in its Department of Commercial Taxes, giving prospective effect to the rebate/deduction from electricity duty...
...deep and pervasive control of the government so as to hold it to be an instrumentality or agency of the State…..”(emphasis supplied)11. In the light ...an instrumentality or agency of the State it does not necessarily become an authority within the meaning of ‘other authorities’ in Article 12, To be an authority, the entity should have b...to be an instrumentality or agency of the State and to that extent they may overlap. Tests 1, 2 and 4 in Ajay Hasia enable determination of Governmental ownership or control. Tests 3, 5 and 6 are...
...the company, and it is for that reason, the Court said that a satisfaction of this test goes a long way in establishing that the body is an agency or instrumentality of the ...is not an instrumentality of the “State” within the meaning of Art. 12 of the Constitution of India.2. While hearing the present writ appeal filed...has observed that there can be two kinds of co-operative societies-one which can be regarded as an instrumentality of the “State” within the meaning of Art. 12 of the Co...
...dealings will have to adopt the principles of fairness and reasonableness. It has been time and again held by the Hon'ble Supreme Court that even though the contractual transaction of state instru...the fact that Tamil Nadu Newsprint and Papers Limited is a Government of Tamil Nadu undertaking. It is a state instrumentality. It is too well settled that the state instrumentality even ...
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2022
CORAM...
....
(7) Mr. Chatterjee relied upon the case reported in 1981 (1) scc 449 (som prakash rekhi - v - union of india) and contended that the company is a state and it is a test of agen...to by mr. Chatterjee. Therefore it is not necessary for me to reiterate again. On the other hand in the present case it has been clearly stated that the company is a state. In paragraph 28 of the...judgment reported in 1981 (1) scc 449 (som prakash remi - vs - union of india) it has been staled that
"sometimes the test is formulated, oversimplified fashion, by...
...that the State when acting in its executive power, enters into contractual relations with the individual, Article 14 would be applicable to the exercise of the power. The action ...-discrimination. It is well settled that there can be “malice in law”. It was also further held that whatever be the act of the public authority in such monopoly or semi-monopoly, it must be subject to rule of law ...the State, its instrumentality, public authority or person whose acts have the insignia of public element to say that their actions are in the field of private law and they are free to pr...