No unlimited discretion in licensing matters

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In RK Associates & Hoteliers Pvt Ltd v Indian Railways Catering & Tourism Corporation & Ors, Delhi High Court held that as a government entity “is mandated to act in a fair, non-arbitrary, just, transparent and non-discriminatory manner” in terms of article 12 of India’s constitution, the language and words used in contracts, such as “at the discretion”, “not obliged to assign any reasons whatsoever”, cannot result in an infringement of the right to equality.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at [email protected] or [email protected] Readers should not act on the basis of this information without seeking professional legal advice.