Supreme Court of India

Lt. Col. Khajoor Singh v. The Union of India & Another.

Neutral citation
Reported as [1961] 2 S.C.R. 828
Bench Bhuvneshwar Prasad Sinha J.
Decided 1 December 1960

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, I hold that Art. 32(2A) of the Constitution enables the High Court of Jammu & Kashmir to issue the writ to the Union Govern­ ment in respect of the act done by it infringing the fundamental rights of the parties in that State.

Judgment, page 36

From the headnote

Fundamental Right, Enforcement of-Power of High Court to issue writs against the Government of India-Constitution of India, Arts. 3z(2A). 226. The High Court of Jammu and Kashmir, relying on the decisions of this Court in Election Commission, India v. Saka Venkata Subba Rao, [1953] S. .R. rr44 and K. S. Rashid and Son v. The Income Tax Investigation Commission etc., [1954] S. .R. 738, dismissed an applicatbn for a writ made by the appellant against the Union of India and Anr. under Art. 32(2A), the rele­ vant provisions of which are in the matter of enforcement of fundamental rights the same

Where later benches applied it

Of those, 1 followed · 1 referred to

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