Search Results Page

Search Results

1 - 10 of 20 (0.25 seconds)
Abl International Ltd. & Anr vs Export Credit Guarantee Corportion Of ... on 18 December, 2003 cites

Smt. Gunwant Kaur And Ors. vs Municipal Committee, Bhatinda And Ors. on 4 December, 1969

Merely because the first respondent wants to dispute this fact, in our opinion, it does not become a disputed fact. If such objection as to disputed questions or interpretations are raised in a writ petition, in our opinion, the courts can very well go into the same and decide that objection if facts permit the same as in this case. We have already noted the decisions of this court which in clear terms have laid down that mere existence of disputed questions of fact ipso facto does not prevent a writ court from determining the disputed questions of fact. (See: Gunwant Kaur (supra)).
Supreme Court of India Cites 7 - Cited by 274 - J C Shah - Full Document

Vst Industries Ltd vs Vst Industries Workers Union & Anr on 7 December, 2000

We do not think the above judgment in VST Industries Ltd. (supra) supports the argument of the learned counsel on the question of maintainability of the present writ petition. It is to be noted that VST Industries Ltd. against whom the writ petition was filed was not a State or an instrumentality of a State as contemplated under Article 12 of the Constitution, hence, in the normal course, no writ could have been issued against the said industry. But it was the contention of the writ petitioner in that case that the said industry was obligated under the concerned statute to perform certain public functions, failure to do so would give rise to a complaint under Article 226 against a private body. While considering such argument, this Court held that when an authority has to perform a public function or a public duty if there is a failure a writ petition under Article 226 of the Constitution is maintainable. In the instant case, as to the fact that the respondent is an instrumentality of a State, there is no dispute but the question is: Was first respondent discharging a public duty or a public function while repudiating the claim of the appellants arising out of a contract ?
Supreme Court of India Cites 16 - Cited by 124 - Full Document

Kumari Shrilekha Vidyarthi Etc. Etc vs State Of U.P. And Ors on 20 September, 1990

On the basis of the above conclusion of ours, the question still remains why should we grant the reliefs sought for by the appellant in a writ petition when a suitable efficacious alternate remedy is available by way of a suit. The answer to this question in our opinion, lies squarely in the decision of this Court in the case of ShriLekha Vidyarthi (supra) wherein this court held :
Supreme Court of India Cites 26 - Cited by 1487 - J S Verma - Full Document
1   2 Next