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SATISH CHANDRA SHARMA, SANJEEV NARULA
Union of India – Appellant
Versus
Kiran Kanojia – Respondent
JUDGMENT
Sanjeev Narula, J. - These batch of appeals, stem from orders passed by the Railway Claims Tribunal as also the Trial Court qua a property dispute involving the Cement Corporation of India Limited, a public service undertaking. While deciding the matters on merits, this Court was deeply anguished by the approach adopted by the Indian Railways and Cement Corporation in their defence. Specifically, the fact that they resorted to unfounded arguments and false assertions raised serious concern, sufficient to agitate judicial conscience. This led to a judgment on 24th June, 2021, by the learned Single Judge, which raises a cautionary flag on the disconcerting practice of frivolous claims or defences being advanced by the Government in legal proceedings - a trend that has the potential to adversely impact the very foundation of our legal system. In light of these concerns, the learned Single Judge reclassified these petitions as public interest litigation (PILs) and referred them to this bench for a focused examination of issues concerning Government's accountability and the lack of a `National Litigation Policy'.
2. In the aforementioned judgment, the Court meticulously recorded
The main legal point established in the judgment is the need for a National Litigation Policy to ensure responsible and efficient litigation by the Government and public sector undertakings, with a f....
Public interest litigation cannot seek mere implementation of a policy; proper legal channels must address specific violations of the policy instead.
Condonation of delay under Section 5 of the Limitation Act requires sufficient cause, particularly in State cases where habitual laxity is inexcusable; costs may be imposed to deter frivolous appeals....
Point of law: While construing the terms of a contract of insurance, the words used therein must be given paramount importance, and it is not open for the Court to add, delete or substitute any words....
Point of Law : Power vested by State in a public authority should be viewed as a trust coupled with duty to be exercised in larger public and social interest. Power is to be exercised strictly adheri....
The central legal point established in the judgment is the importance of adhering to the Bihar State Litigation Policy, 2011, and the provisions of Section 89 of the Code of Civil Procedure, 1908, in....
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