THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT v. DIAMOND AND GEM DEVELOPMENT CORPORATION
Case at a glance
Outcome
Allowed
Thus, the appeals are allowed
Provisions considered
- Rajasthan Land Acquisition Act, 1953 s. 4(1)
- Constitution of India art. 226
Judgment
SC 593: 1956 SCR 451; CJ T. Madras v. Mr. P Firm Muar A AIR 1965 SC 1216: 1964 SCR 45; Ramesh Chandra Sank/a etc. v. Vikram Cement etc. AIR 2009 SC 713: 2008 (10) SCR 243; Pradeep Oil Corporation v. Municipal Corporation of Delhi & Anr. AIR 2011 SC 1869: 2011 (4) SCR 764; Cauvery Coffee Traders, Mangalore v. Hornor Resources B (International) Company Limited (2011) 10 SCC 420: 2011 (12) SCR 473 and V. Chandrasekaran & Anr. v. The Administrative Officer & Ors. JT 2012 (9) SC 260 - relied on.
1.2. Mutatis Mutandis - meaning: The phrase "mutatis mutandis" implies that a provision contained in other part of C the statute or other statutes would have application as it is with certain changes in points of detail. [Para 11] [353-C] Mis. Ashok SeNice Centre & Anr. etc. v. State of Orissa AIR 1983 SC 394: 1983 (2) SCR 363; Prah/ad Sharma v. D State of U.P. & Ors. (2004) 4 SCC 113: 2004 (2) SCR 594; Mariyappa & Ors. v. State of Karnataka & Ors. AIR 1998 SC 1334: 1998 (1) SCR 988 and Janba (dead) thr. Lrs. v. Gopikabai (Smt.) AIR 2000 SC 1771: 2000 (2) SCR 1035 - relied on. E
1.3. Contractual disputes and writ jurisdiction: Matters/ disputes relating to contract cannot be agitated nor terms of the contract can be enforced through writ jurisdiction under Article 226 of the Constitution. The writ court cannot be a forum to seek any relief based on terms and F conditions incorporated in the agreement by the parties. Generally the court should not exercise its writ jurisdiction to enforce the contractual obligation. [Paras 12, 14] [353- D-E; 354-B] G
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Thus, the appeals are allowed
Which statutory provisions did this judgment involve?
Rajasthan Land Acquisition Act, 1953 — s. 4(1); Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.