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1 - 10 of 35 (0.31 seconds)Article 14 in Constitution of India [Constitution]
Erusian Equipment & Chemicals Ltd vs State Of West Bengal & Anr on 11 November, 1974
15. It follows from the above judgment in Erusian
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Equipment case that the decision of the State or
its instrumentalities not to deal with certain
persons or class of persons on account of the
undesirability of entering into the contractual
relationship with such persons is called
blacklisting. The State can decline to enter into a
contractual relationship with a person or a class of
persons for a legitimate purpose. The authority of
the State to blacklist a person is a necessary
concomitant to the executive power of the State
to carry on the trade or the business and making
of contracts for any purpose, etc. There need not
be any statutory grant of such power. The only
legal limitation upon the exercise of such an
authority is that the State is to act fairly and
rationally without in any way being arbitrary--
thereby such a decision can be taken for some
legitimate purpose. What is the legitimate purpose
that is sought to be achieved by the State in a
given case can vary depending upon various
factors."
Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006
In
view of the judgment of "B.S.N Johsi" (supra) the past prevailing
practice exercised by the respondent-CCL is also a relevant factor by
which the extension of time was granted for furnishing bank
guarantee having taken into consideration the fact of the case and
thus, the case of the petitioner should have been considered in the
factual context of the present case.
Dwarkadas Marfatia & Sons vs Board Of Trustees Of The Port Of Bombay on 27 April, 1989
22. Interplay between writ jurisdiction and contractual
disputes has given rise to a plethora of decisions by
this Court. See, for example, Dwarkadas Marfatia &
Sons v. Board of Trustees, Port of Bombay and
Mahabir Auto Stores.
Joshi Technologies International Inc vs Union Of India & Ors on 14 May, 2015
In the case of "Joshi Technologies International Inc.
Vs. Union of India and others", reported in (2015) 7 SCC 728, it
is held as under:-
Radha Krishna Agrawal And Ors. vs State Of Bihar And Ors. on 8 January, 1976
Reliance in this connection may be placed on the
observations of this Court in Radha Krishna Agarwal
v. State of Bihar. ... In case any right conferred on
the citizens which is sought to be interfered, such
action is subject to Article 14 of the Constitution,
and must be reasonable and can be taken only
upon lawful and relevant grounds of public interest.
Where there is arbitrariness in State action of this
type of entering or not entering into contracts,
Article 14 springs up and judicial review strikes such
an action down. Every action of the State executive
authority must be subject to rule of law and must
be informed by reason. So, whatever be the activity
of the public authority, in such monopoly or semi-
M/S Patel Enginnering Ltd vs Union Of India & Anr on 11 May, 2012
19. Recently, in Patel Engg. Ltd. v. Union of India
speaking through one of us (Justice Chelameswar, J.)
this Court emphatically reiterated the principle by
explaining the same in the following manner: (SCC pp.
262-63, paras 13-15)
"13.