Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Allotment of plots by Port Trust on lease hold basis |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contract: Allotment of plots by Port Trust on lease hold basis - Letters of intent issued to prospective allottee, subject to CRZ clearance - It took 5 years in getting CRZ clearance - Neither possession of plots given, nor payments received - Meanwhile price of property shot up - Port Trust cancelling the tender process started 5 years ago - Held: A letter of intent is not intended to bind either party ultimately to enter into any contract - The question whether the letter of intent is merely ah expression of an intention to place an order in future or whether there is a final acceptance of the offer thereby leading to a contract, is a matter that has to be decided with reference to the terms of the letter - When the LOI is itself hedged with the condition that final allotment would be made later after obtaining CRZ and other clearances, it may depict an intention to enter into contract at a later stage and the process had not resulted in a concluded contract. Constitution of India, 1950: Art. 226 - Port Trust - Proposal to allot plots on lease- hold basis cancelled - Cancellation challenged - Held: By way of writ petition under Art. 226 only public law remedy can be, invoked - As far as contractual dispute is concerned that is outside the power of judicial review under Art. 226 with the sole exception in those cases where such a contractual dispute has a public law element - The issue of there being a concluded contract is raised in a petition filed under Art. 226 and not by way of suit - In such proceedings main aspect which has to be considered is as to whether impugned decision of Port Trust was arbitrary or unreasonable - In the instant case, the impugned decision of the Port Trust was not arbitrary, unreasonable or malafide, but was based on valid consideration, as larger public interest demanded fresh tender process in order to receive maximum amount. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 297 |
Petitioner | Rishi Kiran Logistics Pvt. Ltd. |
Respondent | Board Of Trustees Of Kandla Port Trust & Ors. |
SCR | [2014] 5 S.C.R. 411 |
Judgement Date | 2014-04-21 |
Case Number | 4655 |
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