Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Constitution of India, Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India Article 226 r/w Evidence Act. 1872, s. 115 - Waiver and estoppel - Central Government granting TISCO renewal of lease for mining chromite over an area smaller than original lease - TISCO challenging decision by a writ petition in the High Court - Appellant, a rival claimant, being made respondent - High Court directing reconsideration of matter by Central Government - Supreme Court permitting Central Government to dispose of matter during pendency of TISCO's SLP - Central Government on basis of report of High Power Expert Committee constituted by it issuing order granting lease to TISCO for reduced area as well as to Appellant and other claimants - Central Government's order upheld by Supreme Court and TISCO 's appeal dismissed - Appellant making representation to State Government against Central Government's order and claiming lease for entire area - State Government recommending to Central Government grant of lease to appellant to extent of 50% of total requirements as assessed by Committee - Appellant challenging orders of Central and State Governments - Writ petition dismissed by High Court as not maintainable on ground of res judicata and on merits - Whether appellant's writ petition barred on grounds of waiver, estoppel and acquiescence - Held, yes; after inviting Supreme Court to confirm order of Central Government appellant could not subsequently oppose the very same order; further held, appellant waived objection to and acquiesced in the order of the Central Government assessing it -Requirements. Res Judicata - Constructive res judicata - whether on facts Appellant's writ petition challenging orders of Central and State government not maintainable on ground of res judicata or constructive res judicata - Held, no; issue raised by appellant not expressly adjudicated and no final decision thereon inter se the parties in earlier proceedings in the Supreme Court; further held, question of assessment of appellant's entitlement had nothing to do with relief granted to TISCO in earlier proceedings - Code of Civil Procedure 1908, s.11-Constitution of India, Article 226. Constitution of India, Article I 36 - Practice and Procedure - Appellant inviting Supreme Court in earlier proceedings to confirm order of Central government determining its entitlement to mining area - Appellant's subsequent writ petition challenging Central Government's order dismissed by High Court as being not maintainable on ground of res judicata - Supreme Court finding writ petition not barred by res judicata or constructive res judicata - Whether proceeding required to be remanded to High Court for fresh decision - Held, no - Appellant by its own conduct was dis entitled to get a fresh decision on the point from any court Mines and Minerals (Regulation and Development) Act 1957, s.8(3) r/w Mineral Concession Rules, 1960 - Central government making order assessing appellant's requirement for mining chromite - State government subsequently revising appellant's need downwards by half and reserving the remaining half for consideration of claims of other parties - Whether order of state government in conflict with order of Central Government - Held, no Order of Central Government binding on appellant. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1999 INSC 124 |
Petitioner | Ferro Alloys Corpn. Ltd. And Anr. |
Respondent | Union Of India And Ors. |
SCR | [1999] 2 S.C.R. 49 |
Judgement Date | 1999-03-22 |
Case Number | 1626 |
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