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1996 Supreme(Cal) 234

UMESH C.BANERJEE, RONOJIT KUMAR MITRA
UNION OF INDIA (UOI) – Appellant
Versus
SIGMA ELECTRONICS – Respondent


UMESH CHANDRA BANERJEE, J.

( 1 ) THE remedy available under Article 226 of the Constitution by way of issuance of a high prerogative writ or writs is extraordinary in nature and is wholly discretionary though, however, there cannot possibly be any manner of doubt that exercise of power by the High Court is of widest possible amplitude but that by itself, however, does not clothe the Writ Court to intervene or interfere without there being any infringement of a right - there must be some breach of a right if not the legal right only and the law is well-settled on this score and as such I do not wish to dilate much in regard thereto.

( 2 ) BEFORE adverting to the rival contentions as raised in the matter certain basic principles of law governing the jurisdiction of the Writ Court ought to be noted at this juncture. The most accepted methodology of all governmental actions is fair play and fair treatment and in the event of there being any departure therefrom, the jurisdiction of the Writ Court can be invoked and it would then be a plain exercise of judicial power to grant relief to a person who is seeking justice against an unfair dealing or an unfair treatment or against an admini


















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