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1 - 6 of 6 (0.27 seconds)Divisional Forest Officer vs Bishwanath Tea Co. Ltd on 5 May, 1981
15. Ordinarily, the remedy available for a party complaining
of breach of contract lies for seeking damages. He will be
entitled to the relief of specific performance, if the contract is
capable of being specifically enforced in law. The remedies for
a breach of contract being purely in the realm of contract are
dealt with by Civil Courts. The public law remedy, by way of a
Writ Petition under Article 226 of the Constitution of India, is
not available to seek damages for breach of contract or specific
performance of contract. However, where the contractual
dispute has a public law element, the power of judicial review
under Article 226 of the Constitution of India may be invoked.
We may refer to a few decisions illustrating the position.
15.1) In Divisional Forest Officer v. Bishwanath Tea
Co. Ltd. (1981) 3 SCC 235, and State of Gujarat vs. M. P.
Shah Charitable Trust (1994) 3 SCC 552, this Court
observed that a writ petition challenging the termination of an
arrangement which is said to be governed by a contract or
agreement between the parties is not maintainable since it was
a public law remedy, which was not available in private law
field where the matter is governed by a non-statutory contract.
Mahabir Auto Stores & Ors vs Indian Oil Corporation & Ors on 6 March, 1990
15.2) In Mahabir Auto Stores v. Indian Oil Corporation
(1990) 3 SCC 752, this Court noticed the difference between
private law cases where the issue is the exercise of a 'right' as
contrasted from public law cases where the question related
to exercise of 'power' :
Verigamto Naveen vs Government Of Andhra Pradesh & Ors on 18 September, 2001
15.3) In Veriyamto Naveen v. Government of Andhra
Pradesh (2001) 8 SCC 344, this Court observed :
Article 14 in Constitution of India [Constitution]
The Companies Act, 1956
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