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1993 Supreme(Cal) 365

Umesh C.Banerjee
Peerless Drive United – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

1. WITH the changing structure of society, the Law Courts in its bid and relevant to the context of time, have also kept pane so as to do complete justice between the parties. Since the days of Radha Krishna Agarwal in 1977 (AIR 1977 SC 1496) the Supreme court has been seriously considering the expansion of the horizon in administrative law with particular reference to the concept of fairness in a governmental action culminating into however, the decision in Shrilekha Vidyarthi. The jurisdiction of the Civil Court has not been ousted as such, but the purview of writ jurisdiction has undoubtedly been widened. In Srilekha Vidyarthi (AIR 1991 SC 537) the Supreme Court in no uncertain terms suggested that contractual matters even, can come up for consideration before the Writ Court since all governmental agencies are supposed to act fairly and reasonably and in the event, there being any departure, the Writ Court ought not to hesitate to entertain the issue irrespective of the fact that the matter pertains to the contractual field. The introduction of the concept of promissory estoppel was undoubtedly a welcome advancement in this regard also, so far as the Writ jurisdiction is


























































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