Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government of India (Allocation of Business) Rules 4(2 1961-n: 3 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Government of India (Allocation of Business) Rules, 1961 — rr. 3, 4, 4(2) — Minutes of the meeting, if can override statutory regulations — In exercise of power u/Reg 10, appellant detained aircraft belonging to respondent no. 1 airlines at Delhi and Mumbai airports for defaulting in payment of dues to the tune of Rs.10 crore — Challenge to, by owners of Aircraft - During the pendency of writ petition meeting held regarding release of aircraft by airport operators — High Court ordered release of aircraft in terms of the decision in the meeting, on payment of parking charges — On appeal held: In order to hold the minutes of the meeting as “a general or special order in writing by the Central Government’ involving the abandonment of revenue or which has a financial implication on the Airports Authority of India under the control of Civil Aviation Ministry, sanctification by the concerned ministry and the concurrence of Finance Department was a mandatory condition — It cannot be finalized merely at the level of officers/representatives of Civil Aviation, Central Board of Excise and Customs etc. — On facts, minutes of the meeting did not have the concurrence of the Finance Department and nor was confirmed or approved by the concerned |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 230 |
Petitioner | Delhi International Airport Ltd. |
Respondent | International Lease Finance Corpn. & Others |
SCR | [2015] 2 S.C.R. 1040 |
Judgement Date | 2015-03-17 |
Case Number | 2932 |
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