Supreme Court · 2011 INSC 228 · Decided 28 March 2011
Bharat Ratna Indira Gandhi College of Engineering & Others v. State of Maharashtra & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 228 · [2011] 3 S.C.R. 1087
- Case number
- CIVIL APPEAL No. 2704/2011
- Decided
- 28 March 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
A' B Judgment/Order - Suo motu orders - Orders passed by Court on its own motion - Sustainability of - Held: Such suo C motu orders, without even a petition on which they are passed, are ordinarily not justified nor sustainable - Ordinarily, there must be a petition can pass an order- On facts, the High Court was not justified in taking suo motu action on the basis of some information which was not disclosed in D the impugned order - Judges must exercise restraint in such matters - By the impugned order, the High Court directed that if the Colleges failed
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