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Paharpur Cooling Towers Ltd. And Anr vs The Board Of Trustees For Syama Prasad ... on 2 April, 2026
cites
Article 226 in Constitution of India [Constitution]
Section 7 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
Section 5 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
M.P. Power Management Company Limited vs M/S Sky Power Southeast Solar India ... on 16 November, 2022
(v) The instant writ petition involves (iv) The issues of facts involved in the
highly disputed questions of facts instant writ petition can be easily
which cannot be adjudicated under decided from the pleadings along
writ jurisdiction; with the documents exchanged
between the parties. All the
documents exchanged between the
parties are admitted documents. The
transaction is absolutely clear from
the said documents. There is, as
such, no question of any highly
disputed questions of facts being
present which would require
adjudication by trial on evidence. As
such, the dispute involved can be
well gone into and adjudicated in
writ jurisdiction. [See M.P. Power
Management Company Limited,
Jabalpur Vs. SKY Power Southeast
Solar India Private Limited & Ors.
Article 300A in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Mrf Ltd., Kottayam vs Assistant Commissioner ... on 21 September, 2006
Ltd., Kottayam Vs. Assistant Commissioner
Tax and Others, reported in (2006) 8 SCC 702; (ii) Bannari Amman Sugars
Ltd. Vs. Commercial Tax Officer and Others reported in (2005) 1 SCC 625.
No rescission, variation, alteration or novation of a bilateral contract can be
made unilaterally. By the acts and conducts of the parties, the concluded
executory contract containing the terms and conditions as mentioned in the
said letter dated 3rd December, 2021 had come into existence. Steps had
been taken by both the parties in aid and persuasion of the said contract.
Such being the case, it was not open to the respondent No.1 to have
unilaterally resiled from the said contract or from unilaterally suggesting a
fresh set of terms and conditions dehors the earlier contract by the said
letter dated 05.03.2024. It is trite that no contract can be varied, altered or
modified or rescinded unilaterally.
Section 9 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
Unitech Limied vs Telangana State Industrial ... on 17 February, 2021
Further and in any event, since no
trial would be necessary for
adjudication of the factual questions,
there is no requirement of the matter
being relegated to a suit. Pertinently,
the Hon'ble Supreme Court has
mandated that a writ court would
not mechanically relegate a
11
contractual matter to a suit but
would examine whether the relief
claimed can be granted within the
jurisdiction itself. [See Unitech
Limited & Others Vs. Telangana
State Industrial Infrastructure
Corporation (TSIIC) (2021) 16 SCC
35].