Sometimes we come across case laws where either party to the case is written as "Union of India" or any state, say "State of Maharashtra".
Please explain the situations or kinds of litigations where either of the above becomes a party to the case.
Manav Thakrar (Student CA Final ) (24 Points)
05 December 2015Sometimes we come across case laws where either party to the case is written as "Union of India" or any state, say "State of Maharashtra".
Please explain the situations or kinds of litigations where either of the above becomes a party to the case.
CA CMA CS Ram Pavan Kumar Melam
(CA)
(6980 Points)
Replied 08 December 2015
If the case is by or against UOI or a state government this situation arises. In criminal cases, one of party is the government, i.e. the state (country). Since, law and order is managed by the state governments, normally the government of the respective state.
In case of any dispute between two or more state governments, title of the case will be written so.
State (UOI / state governments) has vicarious liability to the acts of its employees.