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V/S Union of India

CA Pradeep Kumar Rajput (CA/CS/CMA) (4460 Points)

24 January 2011

Dear Sir

There are lots of cases on which "UNION OF INDIA" is one of the party....

how the "UNION OF INDIA" become a party in a particular case....

Cases are Like "Escort Vs UNION OF INDIA and Mafatlal Industries Vs UNION OF INDIA........

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4 Replies

CA CMA CS Ram Pavan Kumar Melam (CA) (6980 Points)
Replied 24 January 2011

In Escort Vs UNION OF INDIA, the Escort and others filed at a writ petion against retrospective amendments in Income Tax on explanation to section 32 (Depreciation allowance) of IT Act. The Union of India defended the case against the Escort and others, who filed the WP.

Hope I clarified.

CA Pradeep Kumar Rajput (CA/CS/CMA) (4460 Points)
Replied 25 January 2011

Sir you mean to say when we file a writ petition to the High Court or SLP to the Apex Court.... then the other party automatically be the UNION OF INDIA......??

or cases on which UNION OF INDIA is one of the party are from High Court of Apex Court only and thats too by Writ eitition and SLP???

CA CMA CS Ram Pavan Kumar Melam (CA) (6980 Points)
Replied 25 January 2011

Hi Pradeep, I quoted Escort Vs UNION OF INDIA as an example. Please refer Section 79 (Part IV) of CPC, 1908. This section is reproduced for your ready reference:

PART IV-SUITS IN PARTICULAR CASES

Suits by or against the Government or public officers in their official capacity.

Section 79: Suits by or against Government. In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be?

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State.

..........