Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2003

Supreme Court of India · 2003-11-20

State Of Jammu And Kashmir vs Ghulam Mohd. Dar And Anr

Citation / case number
AIR 2004 SUPREME COURT 510
Court
Supreme Court of India
Petitioner
State Of Jammu And Kashmir
Respondent
Ghulam Mohd. Dar And Anr
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court held that a writ of mandamus cannot be issued for enforcing the terms of a contract when the matter involves disputed questions of fact, as established in prior rulings. The Court set aside the High Court's decision that had allowed the writ petition for payment of escalation rates under the contract, emphasizing that such disputes should be resolved through arbitration as per the arbitration clause in the agreement. The Court appointed Justice R.P. Sethi as the sole Arbitrator to resolve the matter, allowing the appeal of the appellant.

State Of Jammu And Kashmir vs Ghulam Mohd. Dar And Anr · Niyam