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Tuesday, September 25, 2012

Public Law Remedy is not available for disputed questions of fact

 
The public law remedy should not be readily extended to settlement of private disputes between individuals. Even where such an order is sought against a public body the Writ Court may refuse to interfere, if in the process of determination disputed questions of fact or title would require to be adjudicated.

 CIVIL APPEAL No . 6383 o f 2012  dated 10th September, 2012 (Supreme Court) in M/s Real Estate Agencies v. Govt of Goa

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