PRAGA TOOLS CORPORATION versus SHRI C. A. IMANUAL & ORS.
A mandamus cannot be issued against a company not having statutory or public duties; once a writ petition is not maintainable, the High Court cannot grant a declaration regarding the invalidity of a private agreement between company and employees.
- Parties
- Appellant: Praga Tools Corporation; Respondents: Shri C. A. Immanual & Ors.
- Jurisdiction
- India
- Judgment Date
- 19 February 1969
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From the Andhra Pradesh High Court Judgment Dated April 16, 1965 in Writ Appeal No. 37 of 1964
- Outcome
- appeal allowed
- Legal Topics
- Writ Jurisdiction Under Article 226, Mandamus, Declaration, Industrial Disputes, Statutory Duties
Case Brief
Summary, issues, holding and outcome
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Parties
Praga Tools Corporation
Appellant
Shri C. A. Immanual & Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Andhra Pradesh High Court Judgment Dated April 16, 1965 in Writ Appeal No. 37 of 1964
Legal Issues
- 1 Whether a writ of mandamus can be issued against a company registered under the Companies Act without statutory duties.
- 2 Whether the High Court was competent to grant a declaration as to the invalidity of an agreement when the writ petition was not maintainable.
Ratio Decidendi
A mandamus cannot be issued against a company not having statutory or public duties; once a writ petition is not maintainable, the High Court cannot grant a declaration regarding the invalidity of a private agreement between company and employees.
Court Disposition
appeal allowed
Orders
- declaration of invalidity of the agreement set aside
- no order as to costs
Full Case Text
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