Chapter

Satish Sharma's Case<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0084
Satish Sharma's Case1

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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

Chapter.  1773 words. 

Subjects: Constitutional and Administrative Law

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