CONTRACTUAL MATTERS
Where there is a right, there is a remedy. Whenever there is a breach of contract by any party to the contract i.e. when one party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the injured party is justified in treating the contract as discharged. The following below mentioned remedies are available to the injured party:
1. To sue for damages.
2. To sue for quantum meruit i.e. according to the quantity of work done.
3. To sue for specific performance or injunction.
The Contract between the parties is a realm of private law and is to be governed by the Indian Contract Act, 1872. In case of any dispute regarding the terms and conditions, interpretation and implementation, unfulfillment of the dues or breach of contract cannot be agitated by writ petition when there is already an alternative remedy available, that, it is a matter for civil court or arbitration as provided by the contract, as the case may be.
Article 12 of Constitution of India defines State as that it includes
-> The Government and Parliament of India;
-> The Government and the Legislatures of each of the States; and
-> All local or other authorities within the territory of India or under the control of the Government of India.