Court : Karnataka
Decided on : Sep-17-2009
..... is not possible to pierce the veil of incorporation in india to determine the citizenship of the members and then to give the corporation the benefit of article 19. the corporation cannot claim to enforce fundamental rights under part iii of the constitution against the state as defined in constitution against the state as defined in article 12.15. ..... ' in part iii of the constitution. part iii, which proclaims fundamental rights, was very accurately drafted, delimiting ..... they enacted part ii of the constitution relating to 'citizenship', and made a clear distinction between 'persons' and 'citizens ..... page 1812 which reads as follows:the rights of citizenship envisaged in article 19 are not wholly appropriate to a corporate body. in other words, therights of citizenship and the rights flowing from the nationality or domicile of a corporation are not conterminous. the makers of the constitution had altogether left out of consideration juristic persons when .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-24-2009
Reported in : ILR2009KAR2142; 2009(5)KarLJ443
..... stage the action of the state of its instrumentality has to satisfy the test of reasonableness as enunciated by the supreme court in various decisions interpreting article 14 of the constitution of india. action should be fair, just, reasonable and devoid of arbitrariness.3) the pre contract stage squarely falls within the realm of public law character and. therefore, the decision must ..... . v. kurian e. kalathi and ors. : air2000sc2573 .12. in abl international ltd. (supra), the supreme court has demarcated the power of the judicial review under article 226 of the constitution of india in contractual matters as hereunder:1) judicial review is permissible both at the pre contract stage and post contract stage though the scope of interference varies depending upon the stage ..... lakhs metric tones of +65% iron ore fines at the rate of rs. 811/- pmt, because the power of judicial review of this court under article 226 of the constitution of india has to be exercised very sparingly, unless otherwise the same is warranted. it may not be proper for this court to affix its seal in the matter of contractual obligations ..... into between the parties.11. the law on the point is well settled by the apex court in the case of abl international ltd. v. export credit guarantee corporation of india ltd. : (2004)3scc553 , wherein the following earlier decisions of the apex court are referred to:(i) k.n. guruswamy v. state of mysore : 1scr305 .(ii) bashesharnath v. commissioner of .....Tag this Judgment!