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MANISH CHOUDHURY
Genmachines – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
The instant review petition is preferred seeking review of an Order dated 01.10.2024, whereby, a writ petition, W.P.[C] no. 10/2024 after hearing, has been disposed of with certain observations and directions. It is relevant to mention that in the writ petition, W.P.[C] no. 10/2024, the present review petitioner was the writ petitioner.
2. I have heard Mr. N. Longkumer, learned counsel for the review petitioner and Mr. Imti Imsong, learned State counsel for all the respondents.
3. Before dilating on the grounds on which the instant review petition is preferred, it appears appropriate to extract the contents of the Order dated 01.10.2024 passed in the writ petition, W.P.[C] no. 10/2024, for better appreciation, :-
2.1. On 09.12.2015, the office of the Chief Engineer [T&G], Department of
The court clarified that review powers are limited to correcting errors, not re-evaluating merits, and dismissed the review petition for lack of merit.
The significance of admitted liabilities, conflicting stands, and serious disputed questions of fact in contractual matters, and the discretion of the court in exercising jurisdiction.
The extraordinary jurisdiction of this Court can be exercised in view of the admission made by the 3rd respondent regarding payments to be payable to the petitioner.
A State entity must act in accordance with principles of fairness and justice in contractual obligations, and cannot withhold payments without a clear determination of dues, as this constitutes arbit....
The court ruled that a subcontractor is entitled to payment for completed works despite the termination of the main contract, emphasizing the obligations of the contracting authority to honor such pa....
The court established that claims for payment under a subcontract must be pursued through appropriate civil channels, particularly when they involve disputed facts and contractual obligations.
The main legal point established in the judgment is that the review process cannot be used to re-open settled issues or seek re-hearing of the original petition. It also emphasizes the limited scope ....
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