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1 - 10 of 29 (0.28 seconds)Article 14 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
State Of West Bengal vs M/S. B. K. Mondal And Sons on 5 December, 1961
The same view was reiterated in State of
W.B. v. B.K. Mondal & Sons [AIR 1962 SC 779] (AIR at
p. 789) and in New Marine Coal Co. (Bengal) (P)
Ltd. v. Union of India [(1964) 2 SCR 859] .
Mahabir Auto Stores & Ors vs Indian Oil Corporation & Ors on 6 March, 1990
In Mahabir Auto Stores v. Indian Oil
Corpn. [(1990) 3 SCC 752] contractual obligations
were enforced under public law remedy of Article 226
against the instrumentality of the State.
Article 12 in Constitution of India [Constitution]
Life Insurance Corporation Of India vs Escorts Ltd. & Ors on 19 December, 1985
In LIC v. Escorts Ltd. [(1986) 1 SCC 264] this Court (in
SCC para 102, p. 344) had pointed out that the
difficulty will lie in demarcating the frontiers between
the public law domain and the private law field. The
question must be decided in each case with reference
to the particular action, the activity in which the State
or the instrumentality of the State is engaged when
performing the action, the public law or private law
character of the question and the host of other
relevant circumstances. Therein, the question was
whether the management of LIC should record reasons
for accepting the purchase of the shares? It was in
that fact-situation that this Court held that there was
no need to state reasons when the management of the
shareholders by resolution reached the decision. This
Court equally pointed out in other cases that when the
State's power as economic power and economic
entrepreneur and allocator of economic benefits is
subject to the limitations of fundamental rights, a
private Corporation under the functional control of the
State engaged in an activity hazardous to the health
and safety of the community, is imbued with public
interest which the State ultimately proposes to
regulate exclusively on its industrial policy.
The New Marine Coal Co. (Bengal) Private ... vs Union Of India on 5 April, 1963
The same view was reiterated in State of
W.B. v. B.K. Mondal & Sons [AIR 1962 SC 779] (AIR at
p. 789) and in New Marine Coal Co. (Bengal) (P)
Ltd. v. Union of India [(1964) 2 SCR 859] .
Mulamchand vs State Of Madhya Pradesh on 20 February, 1968
In Mulamchand v. State of M.P. [AIR 1968 SC 1218]
this Court had held that even though the contract was
void due to non-compliance of Article 229, still
direction could be given for payment of the amount on
the doctrine of restitution under Section 70 of the Act,
since the State had derived benefit under the void
contract.
Gujarat State Financial Corporation vs Lotus Hotels Pvt. Ltd. on 3 May, 1983
In Gujarat
State Financial Corpn. v. Lotus Hotels (P) Ltd. [(1983)
3 SCC 379] a direction was issued to release loan to
the respondent to comply with the contractual
obligation by applying the doctrine of promissory
estoppel.