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PETITIONER: LT. COL. KHAJOOR SINGH
Vs.
RESPONDENT: THE UNION OF INDIA & ANOTHER.
DATE OF JUDGMENT: 05/12/1960
BENCH: SINHA, BHUVNESHWAR P.(CJ) BENCH: SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1961 AIR 532 1961 SCR (2) 828 CITATOR INFO : R 1962 SC1513 (4) D 1967 SC1244 (12) RF 1975 SC 865 (30) R 1989 SC1933 (24)
ACT: Fundamental Right, Enforcement of--Power of High Court to issue writs against the Government of India--Constitution of India, Arts. 32(2A), 226.
HEADNOTE: The High Court of. Jammu and Kashmir, relying on the decisions of this Court in Election Commission, India v. Saka Venkata Subba Rao, [1953] S.C.R. 1144 and K. S. Rashid and Son v. The Income Tax Investigation Commission etc., [1954] S.C.R. 738, dismissed an application for a writ made by the appellant against the Union of India and Anr. under Art. 32(2A), the relevant provisions of which are in the matter of enforcement of fundamental rights the same as in Art. 226 of the Constitution, on the preliminary objection that the said application was not maintainable against the Union of India as it was outside the territorial jurisdiction of that Court. The appellant’s case was that he was holding the substantive rank of Lieut. Col. in Jammu and Kashmir and...