Scope Of Judicial Review Of State Action In A Matter Arising From A Non-Statutory Contract: Supreme Court Explains
In a judgment delivered on Wednesday, the Supreme Court explained the scope of judicial review of action by the State in a matter arising from a non- statutory contract.The mere fact that relief is sought under a contract which is not statutory, will not entitle the State in a case by itself to ward-off scrutiny of its action or inaction under the contract, if the complaining. In a judgment delivered on Wednesday, the Supreme Court explained the scope of judicial review of action by the State in a matter arising from a non- statutory contract. The reach of Article 14 enables a Writ Court to deal with arbitrary State action even after a contract is entered into by the State. Headnotes Constitution of India, 1950 ; Article 226 - Judicial Review in Contractual matters - Even if it is a non-statutory contract, there is no absolute bar in dealing with a cause of action based on acts or omission by the State or its instrumentalities even during the course of the working of a contract - A monetary claim arising from a contract may be successfully urged by a writ applicant but the premise would not be a mere breach of contract.
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