Supreme Court · 2005 INSC 343 · Decided 8 August 2005
Binny LTD. and ANR. v. V. Sadasivan and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 343 · [2005] SUPP. 2 S.C.R. 421
- Case number
- CIVIL APPEAL No. 1976/1998
- Decided
- 8 August 2005
- Bench
- K.G. BALAKRISHNAN, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 21; Contract Act Section 23; Industrial Disputes Act
Headnote
Constitution of India 1950 Article 226-Writ Remedy-Available against whom--Scope of Writ of mandamus-Whether available against private party-Held, writ remedy though pre-eminently a public law ren1edy is available against a private party if such party is discharging a public function-Scope of of the authority against whom it is sought. A B c Article 226-Writ jurisdiction-Mandamus-Held, contractual duties D cannot be enforced by writ of mandamus unless there is some public law element and the contractual power is used for a public purpose. Article 226-Writ jurisdiction, scope
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