narainreddy (Lawyer) 01 August 2007

WRIT PETITIONS

[font=""times new roman""]Can contactual obligations enforced in a writ petition. Any citations on the subject?[/font]

6 Replies

bupesh (n/a) 05 August 2007

It depends. The supreme court has held that in certain cases the court can interfere under Article 226 even in contractual matters. For details see

Noble Resources Ltd. Versus State of Orissa & Another

2006 (8) SCJ 648

Orissa Agro Industries Corporation Ltd. and Others Versus Bharati Industries and Others

2006 AIR(SC) 198 : 2005 (10) JT 19 : 2005 (7) Supreme 481

mmn (n/a) 07 August 2007

In contractual matters, Court may not ordinarily exercise its discretionary jurisdiction of judicial review, unless it is found to be violative of Art. 14 of the Constitution.

Adv. Murtaza Najmi from Mumbai.

narainreddy (Lawyer) 20 August 2007

Thanks for the information.

swetha1983 (n/a) 04 September 2007

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[font=""trebuchet ms""]I feel that if disputed questions of fact have arisen for determination, such disputed questions of facts ordinarily would not be entertained by the High Court in exercise of its power of judicial review. [/font]

[font=""trebuchet ms""] Ordinarily, a specific performance of contract would not be enforced by issuing a writ of or in the nature of mandamus, particularly when keeping in view the provisions of the Specific Relief Act, 1963 damages may be an adequate remedy for breach of contract.
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octavious (LAWYER) 08 October 2007

Hi,

ANY CONTRACT CAN BE CHALLENGED IF THE SAME IS IN VIOLATION OF ART19 OR UNDER THE EXSISTING LAW OF THE LAND.

Praveen Hariharan (Advocate) 22 November 2007

Usually NO!. it is a discretionary relief. Under Article 226 HC can always refuse to step in by issuance of a writ for enforcing contractual remedy. because it is general rule that where there is an alternative remedy, here by approachign a competent civil court, the HC usually may not invoke the extra ordinary writ jurisdiction.