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1985 Supreme(Del) 203

G.C.JAIN, RAJINDAR SACHAR, S.S.CHADHA
HINDUSTAN METAL WORKS – Appellant
Versus
KULDEEP SINGH – Respondent


Advocates Appeared:
D.K.Sayal, D.P.SHARMA, H.S.Dhir, KANVALJIT DHIR, P.N.Gupta, PRAHLAD DAYAL

( 1 ) RAJINDAR Sachar This matter has been referred by a Division Bench by its order dated 8th March, 1983 to a larger Bench. The questions referred are as follows :

1. Can all suits against the Union of India be instituted at Delhi irrespective of the nature of the cause of action, on the ground that the Union of India resides at Delhi, or carries on business at Delhi ? 2. Can such suits also be instituted at all the places in India because the Union of India resides there, or carries on business there ? 3. Is there a difference in the jurisdiction of the Court, depending on whether the contract in question is for constructing or, providing material to be used in business by the Government, or buildings or materials to be used for purely sovereign purposes by the State ? 4. In the matter of construction work for railways, such as quarters, stations, or railway lines, etc. , is the contract to be treated as a sovereign contract and does this have any bearing on the jurisdiction of the Court, particularly this Court to deal with the matter ?

( 2 ) IN response to the invitation to tender issued from the Divisional Superintendent Office, Lucknow the plaintiff submitted his tender which














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