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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.
Supreme Court of India Cites 89 - Cited by 44 - K Joseph - Full Document

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 It is trite that no contract can be varied, altered or modified or rescinded unilaterally.
Supreme Court of India Cites 35 - Cited by 103 - Full Document

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].
Supreme Court of India Cites 45 - Cited by 111 - D Y Chandrachud - Full Document
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