Supreme Court of India

Swadeshi Cotton Mills v. Union of India

Neutral citation

Reported as [1981] 2 S.C.R. 533

Bench R.S. Sarkaria J.

Decided 13 January 1981

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.

15 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above decision, no separate order is necessary in Civil Appeals 1857 and 2087 of 1979.

Judgment, page 56

From the headnote

Industries (Development and Regulation) Act, 1951, (65 of 1951) Ss. IBA (I)(b), IBAA(I)(a)-Taking over a/ an industrial undertaking-Oppor tunity of being heard-Whether and when to be given-Denial of oppor ttuzity-Whethcr vitiates order--Opinion of take-over by Government-Whether liable to judicial scrutiny. Arl111inistrati\' Law-Do(·trine of iYatural Justice-JVJ:at i~-Whe11 appli cnble-PrP-decisional and post-d'ecistianal hearing-When 1uises. The Industries (Development and Regulation) Act, 1951 empowers the Unio!l of India in the public interest to take under its control the industries

Authorities it was built on

1969 A. K. Kraipak & Ors. Etc. v. Union Of. India & Ors. cited by 79
1975 Sukhdev Singh & Ors. v. Bhagatram Sardar Singh Raghuvanshi and Anr. cited by 47
1978 Madray Hayawadanrao Hoskot v. State of Maharashtra cited by 32
1974 Nawabkhan Abbaskhan v. The State of Gujarat cited by 9
1957 Kamla Prasad Khetan v. The Union of India cited by 4
1979 Dera Phalauli v. State of Punjab & Ors. cited by 2

Where later benches applied it

2023 Aureliano Fernandes v. State of Goa and Others relied on
2023 State Bank of India & Ors v. Rajesh Agarwal & Ors relied on
2011 Smt. Rasila S. Mehta v. Custodian, Nariman Bhavan, Mumbai relied on
2011 Automotive Tyre Manufacturers Association v. The Designated Authority & Ors. relied on
2025 Krishnadatt Awasthy v. State of M.P. & Ors. referred to
2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company referred to
2023 Bishambhar Prasad v. M/s. Arfat Petrochemicals Pvt. Ltd. and Ors referred to
2023 Madhyamam Broadcasting Limited v. Union of India & Ors. referred to
2022 Securities and Exchange Board of India v. Mega Corporation Limited referred to
2013 M/s. Arcot Textile Mills Ltd. v. The Regional Provident Fund Commissioner and Ors. referred to
2012 Darshan Lal Nagpal (dead) by L.rs. v. Government of Nct of Delhi and Others referred to
2011 Ashiwin S. Mehta & Anr. v. Union of India & Ors. referred to
2011 Kesar Enterprises Ltd. v. State of U.P. & Ors. referred to
2011 Sri Radhy Shyam (d) through Lrs. & Ors. v. State of U.P. & Ors. referred to
2019 Hari Sankaran v. Union of India & Others not applicable

Of those, 4 relied on · 10 referred to · 1 not applicable

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