SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1961 Supreme(Ker) 143

M.S.MENON, T.C.RAGHAVAN, C.A.VAIDIALINGAM
A. K. Bhaskar – Appellant
Versus
Advocate General – Respondent


Judgment :-

1. In this writ petition, under Art.226 of the Constitution. Mr. S. Easwara Iyer, learned counsel for the petitioners, attacks the limited manner in which the learned Advocate General has given sanction to institute the suit to the petitioners under S.92, CPC..

2. In fairness to the learned counsel, it must be stated that there is no attack whatsoever either against the manner In which the proceedings were conducted by the learned Advocate General, nor even against the actual decision taken by the Advocate-General in the circumstances of this case.

3. But the main attack, so far as we could gather, is that though the plaintiffs asked for reliefs on various grounds in the draft plaint filed by them and marked as Ext. P in these proceedings, the ultimate sanction given by the Advocate-General, confining the reliefs only to clauses (A) and (I) practically makes the filing of the suit illusory as not serving any purpose at all.

4. According to Mr. S. Easwara Iyer, in considering the question of granting a sanction under S.92, C.P.C. the learned Advocate-General, who functions under the provisions of S.92, CPC., should be considered to be discharging judicial function or at any





































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top