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1 - 10 of 28 (0.25 seconds)Article 226 in Constitution of India [Constitution]
The Specific Relief Act, 1963
M.P. Power Management Company Limited vs M/S Sky Power Southeast Solar India ... on 16 November, 2022
In M.P. Power Management Co. Ltd., Jabalpur Vs. Sky Power
Southeast Solar India Pvt. Ltd.28, while dealing with the scope of
judicial review in the matters pertaining to contractual disputes, it
was held that if a grievance is made against an arbitrary action or
inaction of the State, even if they arise from a non-statutory contract,
the grant of relief under the writ jurisdiction can be considered. The
relevant extract is reproduced below :
Joshi Technologies International Inc vs Union Of India & Ors on 14 May, 2015
22. Thereafter, the scope of judicial review on the position of law
was summarized by the Supreme Court in Joshi Technologies
International Inc Vs. UOI27 as follows :
Subodh Kumar Singh Rathour vs The Chief Executive Officer on 7 July, 2023
26. From the aforesaid enunciation of law, as laid down by the
Supreme Court in the decisions referred to supra, it is evident that
the State or its instrumentality even while acting in contractual field
is under an obligation to act fairly or cannot act arbitrarily or
unreasonably. In the instant case, the nature of controversy involves
public law element and therefore this Court in exercise of power of
judicial review can examine whether the action of the
instrumentality or agency of the State is fair, just and equitable. In
the instant case, the impugned notice of discontinuation of services
dated 3rd January, 2025 reads as under :
Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
Insofar as Division Bench decision of this Court in Oil and
Natural Gas Corporation Ltd. (supra) is concerned, suffice it to say
that the Division Bench of this Court was dealing with an appeal
under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996
against an order passed in a petition under Section 9 of the said Act.
The scope of an appeal under Section 37(2)(b) of the Arbitration and
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27 WRIT PETITION (L)-2889-2025.odt
Conciliation Act, 1996 and a petition under Article 226 of the
Constitution of India is different. Therefore the aforesaid decision of
the Division Bench of this Court is also of no assistance to the
MMRDA.