Supreme Court of India
Union of India and Others v. Major S.P. Sharma and Others
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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the High Court has committed grave error of record and there is total non-application of mind in recording the aforesaid findings.
Judgment, page 45
From the headnote
Administrative law: Doctrine of pleasure - Judicial review - Scope of - Termination of Armed Forces Personnel - Held: The order of termination passed against the Army personnel in exercise c of pleasure doctrine is subject to judicial review - But while exercising judicial review, the Supreme Court cannot substitute its own conclusion on the ba~is of material on record - When the President in exercise of its constitutional power terminates the services of the Army officers, whose tenure of services are at the pleasure of the President and such termination is based on materials on record, then
Authorities it was built on
- 1978 Maneka Gandhi v. Union of India
- 1966 Naresh Shridhar Mirajkar and Ors. v. State of Maharashtra and Anr.
- 2007 I. R. Coelho (dead) by Lrs. v. State of Tamil Nadu
- 2002 Rupa Ashok Hurra v. Ashok Hurra and Anr.
- 1989 Supreme Court Employees Welfare Association Etc. Etc. v. Union of India & Anr. Etc. Etc.
- 1970 Mathura Prasad Bajoo Jaiswal & Ors. v. Dossibai N. B. Jeejeebhoy
- 1977 State of Rajasthan & Ors. Etc. Etc. v. Union of India Etc. Etc.
- 1960 The State of Uttar Pradesh and Others v. Babu Ram Upadhya
- 1974 Maganlal Chhagganlal (p) Ltd v. Municipal Corporation of Greater Bombay & Ors.
- 1968 Gopal Krishnaji Ketkar v. Mahomed Haji Latif & Ors.
- 2003 Smt. V. Rajeshwari v. T.C. Saravanabava
- 1980 Ambika Prasad Mishra Etc. v. State of U.P. and Ors. Etc.
- 2011 M. Nagabhushana v. State of Karnataka & Others
- 1990 Smt. Isabella Johnson v. M.A. Susai
- 1963 Moti Ram Deka Etc. v. General Manager, N.E.F. Railways, Maligaon, Pandu, Etc.
- 1994 Krishanlal v. State of Jammu and Kashmir
- 1995 Khoday Distilleries Limited and Anr. v. The Registrar General Supreme Court of India
- 1996 Mohd. Aslam v. Union of India and Ors.
- 1996 Babu Singh Bains Etc. v. Union of India and Ors. Etc.
- 2006 Union of India and Ors. v. Ranbir Singh Rathaur and Ors.
Where later benches applied it
- 2021 Neelima Srivastava v. The State of Uttar Pradesh & Ors.
- 2023 Govt. of Nct of Delhi through the Secretary, Land and Building Department & Another v. M/s. K.L. Rathi Steels Limited and Others
- 2022 Hdfc Bank Ltd. & Ors v. Union of India & Ors.
Of those, 1 relied on · 2 referred to
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