Supreme Court of India

Mahabir Auto Stores & Ors. v. Indian Oil Corporation & Ors.

Neutral citation

Reported as [1990] 1 S.C.R. 818

Bench Sabyasachi Mukharji CJI, B.C. Ray J.

Decided 6 March 1990

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that decision of the State/public authority under Article 298 of the Constitut_ion, is an administrative decision and can be impeached on the ground that the decision is arbitrary or violative of Article 14 of the Constitution of India on any of the grounds available in public law field.

Judgment, page 12

From the headnote

c Constitution of India 1950-Artic/e 14, 32, 226 and 298 -State organ-Action of entering or not entering into contracts with individual parties-Whether can be questioned in writ jurisdiction. The appellant-firm had been carrying on the business of distribu tion and sale of all kinds of lubricants received from the respondent, a statutory corporation, since 1965. It is the case of the appellant that it acted as Lube distributor of the respondent corporation and that it had been given the Customer No. during the course of business. The appel lant claimed that from Feb. 1965 to 27th May, 1983,

Authorities it was built on

1973 E. P. Royappa v. State of Tamil Nadu & Anr. cited by 139

Where later benches applied it

2013 M/s Kulja Industries Limited v. Chief Gen. Manager W.T. Proj. Bsnl and Ors. relied on
2015 Indian Oil Corporation Ltd. v. Nilofer Siddiqui & Ors. followed
2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company referred to
2024 Subodh Kumar Singh Rathour v. The Chief Executive Officer & Ors. referred to
2022 M. P. Power Management Company Limited, Jabalpur v. M/s. Sky Power Southeast Solar India Private Limited & Others referred to
2016 State of Punjab & Anr. v. Brijeshwar Singh Chahal & Anr. referred to
2015 State of Kerala & Ors. v. M.k.jose referred to
2013 Mohd. Jamal v. Union of India & Anr. not applicable

Of those, 1 relied on · 1 followed · 5 referred to · 1 not applicable

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.