Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider
8 months, 1 week ago

Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider

Live Law  

The Supreme Court has agreed to examine the question whether a company in which the shares are held by various Public Sector Undertakings, would be an instrumentality of the State, under Article 12 of the Constitution.The issue arose in a petition filed by the Kerala Industrial and Technical Consultancy Organisation challenging a judgment of the Kerala High Court that KITCO would. The issue arose in a petition filed by the Kerala Industrial and Technical Consultancy Organisation challenging a judgment of the Kerala High Court that KITCO would come under the definition of "State" under Article 12 of the Constitution as an instrumentality of the State. However, the Supreme Court has issued notice on a Special Leave Petition challenging the MP High Court's judgment in Shanti Construction v. Avantika Gas Limited & Ors. "The basic issue in these cases is whether a company where the shares are held by various Public Sector Undertakings, would be an instrumentality of the State, under Article 12 of the Constitution or not," the bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra observed.

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History of this topic

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
8 months ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Live Law  

The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing …

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10 months, 3 weeks ago

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Live Law  

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IIM Kozhikode Not Instrumentality Of State Under Article 12 Of Constitution : Kerala High Court
1 year, 6 months ago

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Live Law  

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Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court
2 years, 4 months ago

Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court

Live Law  

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2 years, 6 months ago

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Live Law  

The Kerala High Court on Thursday held that a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is not maintainable before a High Court if the rights in question can only be traced to the settlement and not to any common or civil law. A Division Bench of Justice …

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 7 months ago

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court

Live Law  

The Kerala High Court on Friday iterated the legal proposition that High Courts as Courts of Record could review their own orders. Affirming the stance of the Single Judge, the Court said, "Discussion of facts made above would make it clear that while rendering the impugned judgment, learned single Judge was under the impression that the entire facts and circumstances …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 3 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

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