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M/S Electrotherm (India) Limited vs Union Of India on 23 June, 2021

6. So far as the issue with regard to disputed questions of fact, it is settled position of law that whenever there are seriously disputed questions of fact and determination is based on analysis of several documents, normally such disputed version is not to be examined by the Court in exercise of jurisdiction under Article 226 of the Constitution of India. For this purpose, the Court is mindful of the decision which is delivered by the Apex Court in the case of Orissa Agro Industries Corpn. Ltd. v. Bharati Industries & Ors., reported in (2005) 12 SCC 725. The relevant observations contained in para 8 reads as under :-
Gujarat High Court Cites 10 - Cited by 0 - A J Shastri - Full Document

Indian Oil Corporation Limited vs M/S Pullareddy Service Center on 21 September, 2021

12. He submits that the learned Single Judge without appreciating the several legal and factual contentions raised on behalf of the appellant / Oil Company, allowed the writ petition and the same is liable to be set aside. To buttress his contentions, the learned Senior Counsel placed reliance on the judgments 7 HCJ & NJS,J W.A.No.162 of 2020 reported in Tata Cellular v. Union of India4, State of Bihar and Others v. Jain Plastics and Chemicals Limited5, Orissa Agro Industries Corporation Limited and Others v. Bharati Industries and Another6, Michigan Rubber (India) Limited v. State of Karnataka and Others7, Joshi Technologies International INC v. Union of India and Others8, and Indian Oil Corporation and Others v. Bapuji Fuels9.
Andhra Pradesh High Court - Amravati Cites 16 - Cited by 0 - N Jayasurya - Full Document

Bhanumatiben Ramsinh Vaghela vs Designated Officer, Urban Development ... on 22 October, 2021

22. At this stage, serious issues of fraud about service of whip have been raised, but having gone through the detailed order which has been passed by the authority below, the said submissions are not convincing enough to substitute the finding which is based upon not only the critical analysis of the material on record but based upon the observations of several decisions which have been relied upon and as such, in that context, since the stand taken to dispute issuance of or concoction of whip, same being highly disputed question of fact, the Court would not like to enter on the said aspect, since prima facie, it appears that the authority has considered the further aspects and has come to a specific conclusion. It is a settled position of law that the disputed questions of fact are not possible to be adjudicated upon in the writ jurisdiction and the law is clearly spelt out by the Hon'ble Apex Court in the decisions which are reported in the case of Orissa Agro Industries Corpn. Ltd. And others Vs. Bharati Industries and others reported in (2005)12 SCC 725 as well as in the case of New Okhla Industrial Development Authority Vs. Kendriya Karamchari Sahkari Grih Nirman Samiti reported (2006)9 SCC 524 and considering the observations contained in para 8 and 13 respectively of those decisions, the Court is of the opinion that no case is made out to call for such examination.
Gujarat High Court Cites 19 - Cited by 0 - A J Shastri - Full Document
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