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2008 Supreme(SC) 1584

CYRIAC JOSEPH, S.B.SINHA
Karnataka State Forest Industries Corporation – Appellant
Versus
Indian Rocks – Respondent


Advocates appeared:
For the Appellant :Shyam Divan, Sr. Adv., R.S. Suri and Ms. Asha Gopalan Nair, Advocates.
For the Respondent:P. Vishwanatha Shetty, Sr. Adv., E.C. Vidya Sagar, Vikas Rojipura, Ms. Sangeeta Singh, Sharan Thakur, Shashi Kiran Shetty, Pradeep Kumar Bakshi, Amit Kumar Chawla, Vikrant Yadav, A. Rohan Singh and Sanjay R. Hegde, Advocates.

Judgement Key Points

The court in this case did not explicitly hold that the completion of work or performance of contractual obligations sanitizes or legitimizes any underlying illegality. Instead, the court emphasized that ordinarily, courts do not enforce the terms of a contract when it involves disputed questions of fact or when the contract itself is tainted by illegality. The court also noted that actions of the State or its agencies that are arbitrary or discriminatory, and thus violate constitutional principles, can be challenged through writ petitions, even if they involve contractual matters.

Furthermore, the court observed that directions or communications from authorities that lack statutory force are not binding and do not have statutory effect, implying that mere completion of work or performance under such directions does not validate or legitimize illegal or irregular acts. The court highlighted the importance of legality and procedural correctness over mere performance of contractual obligations, especially when such performance is based on actions that are arbitrary, unfair, or without statutory backing.

In summary, the court's position suggests that completing work or fulfilling contractual obligations does not automatically sanitize or legitimize illegal acts or irregularities, particularly when those acts are challenged on constitutional or legal grounds.


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. These two appeals involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. We may, however notice the fact of the matters involving in both the appeals separately.

Civil Appeal arising out of SLP No. 24242 of 2005

3. Appellant is a Government of Karnataka Undertaking engaged in sale of granite of seized and confiscated granite blocks to persons who intend to purchase in the Tender-cum-Allotment sale on “as is where is basis”. The relevant terms of the said tender were:

“6. The tender/bidder should make arrangements to obtain transit permit at his own cost from Forest Department/KSFIC.

9. The successful Tenderer/Bidder should pay 1/10th amount of the sale value plus taxes as follows:-

(a) Un-polished Granite Blocks 10% S.T.

(b) Sur-charge on S.T. 15%

(c) Forest Development Tax 5%

(d) Income Tax 15%

(e) Surcharge on I.Tax 5%

On the same day, the balance amount will be payable as follows:

(a) 50% within 15 days of the intimation of confirmation of tender.

(b) the remaining amount shall be paid by the end of the June, 1995 or before the stones are lifted whichever is earlier. The pe



































































































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