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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Satish Sharma's Case 1

Satish Sharma's Case 1

Chapter:
(p.149) 18 Satish Sharma's Case1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0084

A bench of the Supreme Court, on 25 September 1996, quashed allotments of 15 petrol pumps by Mr Satish Sharma, the minister of state for petroleum and natural gas. The Court ordered the minister to pay Rs 50 lakh as damages to the Government Exchequer and directed the CBI to register a case against him. Another bench, hearing the review petition of Mr Sharma, however held that the previous judgment was erroneous as the petitioner was Common Cause, which itself was not wronged. In this the Bench overlooked a relevant ruling delivered by the Court itself in Shivsagar Tiwari v. Union of India and Others in October 1996. The doctrine of injury to a third party was explicitly rejected.

Keywords:   Supreme Court, damages, Common Cause, Shivsagar Tiwari v. Union of India and Others, third party

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