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Indian Cable Net Company Limited And ... vs The Reserve Bank Of India And Others on 6 February, 2024
cites
Article 226 in Constitution of India [Constitution]
Section 174 in The Indian Contract Act, 1872 [Entire Act]
Section 173 in The Indian Contract Act, 1872 [Entire Act]
Article 12 in Constitution of India [Constitution]
Section 176 in The Indian Contract Act, 1872 [Entire Act]
Section 172 in The Indian Contract Act, 1872 [Entire Act]
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
M/S S.J.S. Business Enterprises (P) Ltd vs State Of Bihar And Ors on 17 March, 2004
45. The petitioners have cited S.J.S. Business Enterprises (P) Ltd. (supra)
on the issue of maintainability, where the Supreme Court has held
that the existence of an adequate and suitable alternative remedy
available to a litigant is merely a factor which a court entertaining an
application under Article 226 will consider for exercising the discretion
to issue a writ.
Federal Bank Ltd vs Sagar Thomas & Ors on 26 September, 2003
19. Learned counsel next cites Federal Bank Ltd. v. Sagar Thomas and
others, reported at (2003) 10 SCC 733, where it was held that banking
is also a kind of profession and a commercial activity; the primary
motive behind it can well be said to earn returns and profits. It is a
private affair of the company though the case of nationalized banks
stands on a different footing. It was held that such private companies
would normally not be amenable to the writ jurisdiction under Article
226 of the Constitution of India. A private body or a person may be
amenable to writ jurisdiction only where it may become necessary to
compel such body or association to enforce any statutory obligations
or such obligations of public nature casting positive obligation upon it.