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1 - 4 of 4 (0.20 seconds)Article 226 in Constitution of India [Constitution]
State Of Kerala & Ors vs M.K.Jose on 14 August, 2015
7. Appellants placed reliance on the dictum in State of Kerala and others
v. M.K.Jose [2015 KHC 4534] and M.P.Power Management Company Limited,
Jabalpur v. Sky Power Southeast Solar India Private Limited and others [(2023)
2 SCC 703], to buttress the contention that the writ court ought to have
refrained from entertaining petitions involving contractual breaches involving
disputed factual issues.
M.P. Power Management Company Limited vs M/S Sky Power Southeast Solar India ... on 16 November, 2022
15. As laid down in MP Power Management (supra), though a statute
may expressly or impliedly confer power on a statutory body to enter into
contracts to enable it to discharge its functions, disputes arising from the same
are to be settled by the ordinary principles of law of contract. The 1st Appellant,
WA NO. 299/2023 8
2025:KER:92448
though, is a state within the scope of Article 12 of the Constitution; every act of
such an entity need not necessarily involve an exercise of statutory power,
entitling it to seek issuance of a writ of mandamus.
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