The Indian Contract Act, 1872

In contractual matters, the High Courts do not like to exercise extraordinary jurisdiction under Article 226 of the Constitution of India – M/s Hornbill Consultants Vs. State of Punjab and Others – Supreme Court

Hon’ble Supreme Court held that it is, no doubt, correct that in contractual matters, the High Courts do not like to exercise extraordinary jurisdiction under Article 226 of the Constitution of India, even though this power is plenary in nature and not limited by any provision of the Constitution of India; as normally, when disputed questions of fact arise, adjudication in a civil court is more appropriate, just and fair. Nevertheless, this is not an absolute rule; more so in cases when the orders passed by the government authorities are arbitrary, unfair or unreasonable and where the facts are not in dispute and are easily ascertainable.

In contractual matters, the High Courts do not like to exercise extraordinary jurisdiction under Article 226 of the Constitution of India – M/s Hornbill Consultants Vs. State of Punjab and Others – Supreme Court Read Post »

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