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1990 (9) TMI 358

..... nsulate General of USSR as a tenat. It was leased on 14th December, 1957 for a period of 23 years on a rent of ₹ 8,000/- per month. The period of 23 years was to expire on 14th January, 1981. Before the expiry of the said period, the petitioners served a notice dated 6th July, 1980 intimating the Consulate General that they did not intend to extend the lease any further and demanded possession of the premises. As the possession was not delivered, they desired to sue for eviction and sought the consent of the Central Government to do so as required by Section 86 of the CPC. The requisition for consent was sent to the Central Government on 5th December, 1980. As no reply was received thereto within a reasonable time, the petitioners fil .....

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..... state that this Ministry is unable to give permission to you on political grounds for such action. After the receipt of this communication, the petitioners amended the Writ Petition and sought a relief for quashing this communication also. 2. The learned Counsel for the petitioners submitted that the aforequoted Order cannot be sustained in view of two decisions of this Court, viz., Mirza Ali Akbar Kashani v. United Arab Republic and Harbhajan Singh Dhalla v. Union of India . 3. In the first mentioned case, this Court observed as under at page 236 of AIR 1966 : The limitation of the liability of foreign States to be sued is two-fold. The first limitation is that such a suit cannot be instituted except with the consent of the Central Govern .....

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..... ge 685, this Court summed up as under : This sanction or lack of sanction may, however, be questioned in the appropriate proceedings in Court but inasmuch as there is no provision of appeal, it is necessary that there should be an objective evaluation and examination by the appropriate authority of relevant and material factors in exercising its jurisdiction under Section 86 by the Central Government. There is an implicit requirement of observance of the principles of natural justice and also the implicit requirement that the decision must be expressed in such a manner that reasons can be spelt out from such decision. Though this is an administrative Order in a case of this nature there should be reasons. If the administrative authorities a .....

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