Supreme Court Digest of Recent Cases
(2006) 7 SCC 511

Constitution of India

— Art. 226 — Precedent — Summary dismissal of LPA by Division Bench without considering a different view taken by another Division Bench earlier in another similar case not proper — Single Judge of High Court taking a view prima facie at variance with the view expressed by Division Bench of the High Court in another similar case — In letters patent appeal against the view taken by the Single Judge, that decision of the Division Bench placed for consideration, but LPA dismissed summarily by Division Bench — Held, manner of disposal of LPA was inappropriate — It was open to the Division Bench in LPA to examine whether it was in agreement with the view expressed by another Division Bench in the earlier case in which some identical issues were considered, (2006) 7 SCC 511-A

Constitution of India

— Art. 226 — Questions of fact — Questions involving factual adjudication are not normally permissible, (2006) 7 SCC 511-B

Government Contracts

Enlistment of contractors

— Evaluation of performance — Delay in completion of work and quality of work of the contractor — Held, these aspects involving factual adjudication, normally not to be examined by High Court, (2006) 7 SCC 511-C



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