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1 - 10 of 15 (0.98 seconds)State Of Bihar And Others vs Jain Plastics And Chemicals Limited on 21 November, 2001
“7. ...Where a complicated question of fact is involved and the
matter requires thorough proof on factual aspects, the High Court
should not entertain the writ petition.. .As noted above, the writ petition
was primarily founded on allegation of breach of contract. Question
whether the action of the opposite party in the writ petition amounted to
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W.P.(MD)No.12557 of 2017
breach of contractual obligation ultimately depends on facts and would
require material evidence to be scrutinised and in such a case writ
jurisdiction should not be exercised. (See State of Bihar v. Jain Plastics
& Chemicals Ltd. [(2002) 1 SCC 216] )
Union Of India vs N Murugesan on 7 October, 2021
In support thereof
reliance was sought to be placed on the judgment of the Supreme Court in
Union of India and others vs. N.Murugesan and others reported in (2022) 2
SCC 25.
Orissa Agro Industries Corporation ... vs Bharati Industries And Ors on 8 November, 2005
(ii) Orissa Agro Industries Corpn. Ltd. and others v. Bharati Industries and
others, reported in (2005) 12 SCC 725:
State Bank Of India & Ors vs State Bank Of India Canteen Employees' ... on 5 May, 1998
8. In a catena of cases this Court has held that where the dispute
revolves round questions of fact, the matter ought not to be entertained
under Article 226 of the Constitution. [See State Bank of India v. State
Bank of India Canteen Employees' Union [(1998) 5 SCC 74 : 1998 SCC
(L&S) 1270] and Chairman, Grid Corpn. of Orissa Ltd. (GRIDCO) v.
Sukamani Das [(1999) 7 SCC 298] .]
...
Chairman Grid Corporation Of Orissa ... vs Smt. Sukamani Das And Anr. Etc on 15 September, 1999
8. In a catena of cases this Court has held that where the dispute
revolves round questions of fact, the matter ought not to be entertained
under Article 226 of the Constitution. [See State Bank of India v. State
Bank of India Canteen Employees' Union [(1998) 5 SCC 74 : 1998 SCC
(L&S) 1270] and Chairman, Grid Corpn. of Orissa Ltd. (GRIDCO) v.
Sukamani Das [(1999) 7 SCC 298] .]
...
National Highway Authority Of India vs Ganga Enterprises And Anr on 28 August, 2003
In National Highways Authority of India v. Ganga Enterprises
[(2003) 7 SCC 410] it was observed by this Court that the question
whether the writ petition was maintainable in a claim arising out of a
breach of contract should be answered first by the High Court as it
would go to the root of the matter. The writ petitioner had displayed
ingenuity in its search for invalidating circumstances; but a writ petition
is not an appropriate remedy for impeaching contractual obligations.
Har Shankar & Ors. Etc. Etc vs The Dy. Excise & Taxation Commr. & Ors on 21 January, 1975
(See Har Shankar v. Dy. Excise and Taxation Commr. [(1975) 1 SCC
737 : AIR 1975 SC 1121] and Divisional Forest Officer v. Bishwanath
Tea Co. Ltd. [(1981) 3 SCC 238 : AIR 1981 SC 1368] )
Divisional Forest Officer vs Bishwanath Tea Co. Ltd on 5 May, 1981
(See Har Shankar v. Dy. Excise and Taxation Commr. [(1975) 1 SCC
737 : AIR 1975 SC 1121] and Divisional Forest Officer v. Bishwanath
Tea Co. Ltd. [(1981) 3 SCC 238 : AIR 1981 SC 1368] )
Radhakrishna Agarwal & Ors vs State Of Bihar & Ors on 17 March, 1977
In Radhakrishna Agarwal v. State of Bihar [(1977) 3 SCC 457
: AIR 1977 SC 1496] the types of cases in which breaches of alleged
obligation by the State or its agents can be set up were enumerated. The
third category, indicated is where the contract entered into between the
State and the person aggrieved is non-statutory and purely contractual
and the rights and liabilities of the parties are governed by the terms of
the contract and in exercise of executive power of the State. The present
case is covered by the said category. No writ order can be issued under
Article 226 to compel the authorities to remedy a breach of contract;
pure and simple. It is more so when factual disputes are involved.
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W.P.(MD)No.12557 of 2017
B. Internal dispute mechanism – to be exhausted: