Writ JurisdictionNo Writ Remedy In Non -Statutory Contract

April 10, 20160

The Supreme Court of India has consistently held that  no writ remedy is available for non statutory contract since the court may not ordinarily examine a contract it unless the action has some public law is atached to it .

 It has further held that under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provisions of the Constitution

Further ,their Lordships has held that  that no writ remedy is available where there is a Non Statutory Contract .

a. In” State of Gujarat v. M.P. Shah Charitable Trust-14 (194) 3 SCC 552 , it reiterated the principles that if the matter is governed by a contract, the writ petition is not maintainable since it is a public law remedy and is not available in private law field, for example,  Civil Appeal  where the matter is governed by a non-statutory contract .

b. In Joshi Technologies International Inc Vs U.O.I in Civil Appeal No.  6929 OF 2012 held that  the High Court should have exercised discretionary jurisdiction under Article 226 of the Constitution. First, the matter is in the realm of pure contract. It is not a case where any statutory contract is awarded.

It further held that It was purely a contractual matter with no element of public law involved thereunder .


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