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Indian Laws - Highlights / Catch Notes

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Maintainability of writ petition - The High court held that the ...


Public Sector Company Ruled as Instrumentality of State, Subject to Writ Jurisdiction Under Constitution Article 12.

February 2, 2024

Case Laws     Indian Laws     HC

Maintainability of writ petition - The High court held that the 1st respondent company, being a Public Sector Undertaking with the majority of its shares held by government entities and subject to significant government control, qualifies as an "instrumentality of the Union of India" under Article 12 of the Constitution. Therefore, it is amenable to writ jurisdiction, overturning the previous judgment that deemed the writ petition not maintainable.

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