Supreme Court of India
Dr. Amaragouda L Patil v. Union of India & Ors.
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.
What the Court ordered
We hold that the Division Bench grossly erred in failing to consider that mala fides, in the sense of malice in fact, i.e., actual malice, is not the only condition for interference; it is open to a Court to interfere when legal malice or malice in law is demonstrated to exist.
Judgment, page 24
From the headnote
Issue for Consideration Matter pertains to the challenge to the appointment of the third respondent as the Chairperson of the National Commission for Homeopathy on the ground of not fulfilling the requisite experience of working for ten years as a ‘leader’ in the area of health care. Headnotes† National Commission for Homeopathy Act, 2020 – s.4 Explanation – Appointment to the post of Chairperson of the National Commission for Homeopathy – Eligibility criteria that the Chairperson to have experience of not less than twenty years in the field of homeopathy out of which at least ten years shall
Authorities it was built on
- 2010 Kalabharati Advertising v. Hemant Vimalnath Narichania and Ors.
- 2009 Mahesh Chandra Gupta v. Union of India & Ors.
- 1990 District Collector and Chairman Vizianagaram (social Welfare Residential School Society) Vizianagaram and Anr. v. M. Tripura Sundari Devi
- 1963 The University of Mysore and Anr. v. C. D. Govinda Rao and Anr.
- 2006 R.S. Garg v. State of U.P. and Ors.
- 1958 Workmen of Dimakuchl Tea Estate v. The Management of Dimakuchi Tea Estate
- 2013 Veer Pal Singh v. Secretary, Ministry of Defence
- 2023 Tajvir Singh Sodhi & Ors. v. The State of Jammu and Kashmir & Ors.
- 1989 N.P. Verma & Ors. v. Union of India & Ors.
- 2024 Sushil Kumar Pandey & Ors. v. High Court of Jharkhand & Anr.
- 2009 Swaran Singh Chand v. Punjab State Electricity Board & Ors.
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