Search Results Page
Search Results
1 - 5 of 5 (0.71 seconds)Article 226 in Constitution of India [Constitution]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Orissa State Financial Corporation vs Narsingh Ch. Nayak And Ors. on 7 March, 2002
12. It cannot be denied that the matter is in the realm of contract and normally parties would be bound by the terms and conditions of the agreements. However, the peculiar developments which have taken place in this case, namely, order of the Supreme Court in M.C. Mehta's case (supra), which has resulted in debarring the petitioners to ply these vehicles in Delhi cannot be lose sight of. No doubt in Orissa State Financial Corporation(supra), the Supreme Court observed that while exercising its extraordinary jurisdiction under Article 226 of the Constitution the High Court cannot ignore the scope of the writ petition and nature of dispute and enter the field pertaining to contractual obligations between the parties and issue such directions annulling the existing contract and introducing a fresh contract in its place. In the same paragraph of the aforesaid judgment, the Supreme Court has observed that the High Court has wide powers to pass appropriate orders and issue proper directions as necessary in the facts and circumstances of the case and in the interest of justice.
The Negotiable Instruments Act, 1881
1