Supreme Court of India · 1969-02-19
PRAGA TOOLS CORPORATION vs SHRI C. A. IMANUAL & ORS.
- Citation / case number
- SC 1966/60365
- Court
- Supreme Court of India
- Petitioner
- PRAGA TOOLS CORPORATION
- Respondent
- SHRI C. A. IMANUAL & ORS.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that a writ of mandamus cannot be issued against a company unless it has a statutory duty to perform. The Court clarified that the condition precedent for mandamus is the existence of a legal right to compel performance of a legal duty. Although the High Court found the writ petition not maintainable, it was competent to declare the impugned agreement illegal and void, which was upheld by the Supreme Court. The appeal by the company was dismissed, affirming the High Court's declaration.