TaxTMI 
TaxTMI 
2023 (7) TMI 1553
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....that the petitioner had also submitted a bid for Rs. 45,00,000/- purchase of cigarettes stick. The bid was accepted by the first respondent. The petitioner had also paid a sum of Rs. 11,25,000/- and was required to pay the balance amount on 17.10.2019 which was duly received by the first respondent. However, it appears when the petitioner approached the respondents, the petitioner was informed that auctioned goods was delivered to one Mr.Poyil as early as 22.11.2019. The petitioner therefore sent a complaint to the first respondent on 14.12.2019 through e-mail. 3. The petitioner has filed this writ petition before this Court on the ground that the petitioner participated on e-auction from Chennai. It is further case of the petiti....
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............. The expression 'cause of action' has not been defined in the Constitution. However, the classic definition of 'cause of action' given by Lord Brett in Cooke v. Gill1 that "cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court", has been accepted by this Court in a couple of decisions. It is axiomatic that without a cause, there cannot be any action. However, in the context of a writ petition, what would constitute such 'cause of action' is the material facts which are imperative for the writ petitioner to plead and prove to obtain relief as claimed. Determination of the question as to whether the facts pleaded constitute a p....
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....laintiff to prove, if traversed, in order to support his right to the judgment of the court", has been accepted by this Court in a couple of decisions. It is axiomatic that without a cause, there cannot be any action. The Court further held that which would constitute such 'cause of action' is the material facts which are imperative for the writ petitioner to plead and prove to obtain relief as claimed. Determination of the question as to whether the facts pleaded constitute a part of the cause of action, sufficient to attract clause (2) of Article 226 of the Constitution, would necessarily involve an exercise by the High court to ascertain that the facts, as pleaded, constitute a material, essential or integral part of the cause of action.....