Search Results for Tag : Remedy
International Cases
A freezing order should not be made unless risk of dissipation is established(22.08.2019)
The Applicants are the brother and sister-in-law of the late Terry Ray Woodley (the deceased). They are also creditors of his estate. The first Respon.....
Tags : Freezing order, Remedy, Entitlement
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Judicial review, even on basis of proportionality, cannot partake of nature of an appeal(01.11.2017)
Ewa Michalak began employment as a doctor with the Mid-Yorkshire Hospitals NHS Trust in April 2002. She remained in that employment until she was dism.....
Tags : Discrimination, Judicial review, Remedy
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Judgments
Right of appeal is not restricted to parties to suit only(30.11.2018)
Instant petition has been preferred by Petitioner under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution.....
Tags : Status quo, Independent suit, Remedy
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Dispute regarding election cannot be entertained by present Court in view of alternative and efficacious remedy available(21.05.2019)
The Petitioner has challenged the list of the nomination paper prepared by Respondent No. 5, whereby the candidature and nomination of the Petitioner .....
Tags : Nomination, Rejection, Alternative remedy
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Aggrieved parties cannot challenge SARFAESI proceedings directly by filing a writ petition without exhausting appeal remedy available to them(22.08.2019)
The Petitioner is a borrower, who has taken a loan from United Bank of India. The Petitioner defaulted in repaying the said loan, hence, notice was is.....
Tags : Notice, Validity, Alternate remedy
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When a statutory form is created by law for redressal of grievance, a writ petition cannot be entertained ignoring the statutory dispensation(01.01.2021)
The instant petition has been filed for the issuance of a writ in the nature of mandamus under Article 226 of the Constitution of India, 1950 directin.....
Tags : Writ petition, Maintainability, Alternative remedy
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News
SC: Availability of Appellate Remedy can be 'Near Total Bar' for Exercising Supervisory Jurisdiction(04.10.2019)
Supreme Court has observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a ‘n.....
Tags : SC, Appellate Remedy
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SC: Inherent Power U/S 151 CPC Can be Invoked Only When Alternate Remedies Don’t Exist(24.08.2022)
Supreme Court has held that inherent power under Section 151 of the Code of Civil Procedure (CPC) can be invoked only in circumstances where alternate.....
Tags : Supreme Court, CPC, Inherent Powers, Alternate Remedy
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Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction(22.09.2023)
Karnataka High Court while relying on judgment in Godrej Sara Lee Ltd vs. Excise & Taxation Officer (MANU/SC/0086/2023), has held that in all cases, t.....
Tags : Karnataka High Court, Alternate Remedy, Writ Jurisdiction
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SC: Court Ought Not Relegate WP to Alternate Remedy When Matter has been pending for Long(16.10.2023)
Supreme Court has held that when a writ petition has been entertained, and matter has been pending for long; in such a situation there must be a since.....
Tags : Supreme Court, Alternate Remedy, Relegate
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President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary(29.11.2017)
President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary
Tags : Telling the higher judiciary that it was its "sacred duty" to "groom" district and sessions judges and raise their skill so that more and more of them can be elevated to High Courts, President Kovind said "We need to take long-term measures to remedy this situation."
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SC: High Courts Shouldn’t Writ Petitions Filed Bypassing Statutory Alternative Remedies(23.09.2022)
Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is .....
Tags : Supreme Court, Writ Jurisdiction, Alternative Remedy
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No interference is warranted invoking writ jurisdiction of present Court, when a statutory remedy of appeal is available(15.03.2021)
The Petitioner has filed present writ petition under Article 226 of the Constitution of India, 1950 seeking a writ of certiorari to quash proceedings .....
Tags : Proceedings, Alternative remedy, Availability
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If borrower is aggrieved by any of the actions of the private bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition is maintainable(12.01.2022)
The original Respondent - the Assets Reconstructing Company (ARC) has preferred the present appeals against the impugned order passed by the High Cour.....
Tags : Writ petition, Maintainability, Alternate remedy
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In a tax matter, when a statutory remedy of appeal is available, the High Court should not entertain the writ petition(14.10.2022)
In facts of present case, by an Assessment Order, the Assessing Officer denied the Input rebate under Section 14 of the Madhya Pradesh Value Added Tax.....
Tags : Statutory appeal, Remedy, Availment
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SC Reiterates That Availing of Civil Remedy is Not a Ground to Quash Criminal Proceedings(23.01.2020)
Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in crimina.....
Tags : Supreme Court, Civil Remedy
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SC Disapproves HC Practice Allowing Pleas in SARFAESI Cases Without Exhausting Alternative Remedy(17.11.2022)
Supreme Court has disapproved the high courts’ practice of entertaining writ petitions filed in SARFAESI matters without exhausting the alternative st.....
Tags : Supreme Court, SARFAESI, Alternative Remedy
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Ker. HC: If No Remedy Available in Foreign Court, Indian Court Can Protect Best Interest of Child(19.12.2023)
Kerala High Court has held that the Court steps into the shoes of a parent invoking parens patriae jurisdiction, only in circumstances where the Court.....
Tags : Kerala High Court, Foreign Court, Child, Remedy
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SC: Existence of an Alternate Remedy Can’t Exclude High Court’s Writ Jurisdiction(02.12.2022)
Supreme Court has held that a constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cann.....
Tags : Supreme Court, Alternate Remedy, Jurisdiction
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Calcutta HC: Writ Petition Not Maintainable as Alternative Remedy for Challenge to GST Order(30.12.2021)
Calcutta High Court has held that the writ petition not maintainable as statutory alternative remedy available for challenging Goods and Services Tax .....
Tags : Calcutta High Court, Alternative Remedy for Challenge to GST Order
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MP HC: Alternative Remedy Not Absolute Bar to Examine Conditions to Issue Reassessment Notice(03.03.2023)
Madhya Pradesh High Court while staying the reassessment proceedings and admitting them for final hearing, has held that alternative remedy will not o.....
Tags : Madhya Pradesh High Court, Reassessment Notice, Alternative Remedy
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When there are disputed question of facts involved in a case, High Court should not exercise its jurisdiction under Article 226 of Constitution(02.08.2023)
The Petitioners before present Court have preferred the instant writ petition claiming compensation from the Respondents due to alleged mismanagement .....
Tags : Compensation, Negligence, Alternate remedy
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Party can approach Apex Court under Article 136 of Constitution, only if, the order was passed by NCDRC in exercise of its original jurisdiction(26.07.2023)
Present petition seeking leave to appeal under Article 136 of the Constitution, 1950 is at the instance of Universal Sompo General Insurance Company L.....
Tags : Alternate remedy, Procedure, Jurisdiction
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Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....
Tags : Kerala High Court, Wakf Act, Alternate Remedy
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Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)
Kerala High Court has observed that although alternate remedy is not an absolute bar for filing of the writ petition, entertaining petition straight a.....
Tags : Kerala High Court, Wakf Act, Alternate Remedy
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Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)
Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....
Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition
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Gau. HC: Party Can Invoke Arbitration Despite Alternative Remedy Available Under RERA Act(14.06.2024)
Gauhati High Court has held that the Arbitration and Conciliation Act, 1996 is not inconsistent or in derogation of the RERA Act. Thus, arbitration ca.....
Tags : Gauhati High Court, Alternative Remedy, RERA Act
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Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)
Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....
Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy
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MP HC: If Alternate Remedy Available, Petitions Directing Police to Register FIR Not Maintainable(25.07.2024)
Madhya Pradesh High Court has restated that writ petitions seeking direction on police officers to register FIRs will not be maintainable if alternate.....
Tags : MP High Court, Alternate Remedy, Police Officers
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Principle of alternative remedy is a rule of convenience and not a rule of law(27.03.2018)
The Writ Petitioners have moved present court in its extraordinary writ jurisdiction for setting aside the order passed by the Excise Commissioner. By.....
Tags : Confiscation, Validity, Remedy
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Questions of title can be decided only in Civil Court and not in Writ Court(18.12.2023)
The Petitioner claims to be the successor and heir of the Beswan family and claims property rights to the Beswan Avibhajya Rajya as its ruler, which c.....
Tags : Acquisition, Compensation, Remedy
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Court is not inclined to examine the order of Special Commissioner under Article 226 of Constitution, when alternate remedy is available(04.10.2023)
The Petitioner seeks to challenge the Order passed by the Special Commissioner, affirming the Order passed by the Assistant Commissioner cancelling th.....
Tags : Licence, Cancellation, Alternate remedy
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When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)
The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....
Tags : Civil Court, Jurisdiction, Remedy
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Auction purchaser can challenge the action of forfeiting it’s deposit by secured creditor before DRT(27.11.2017)
The present appeal is filed against the final judgment passed by the Delhi High Court whereby the Division Bench of the High Court had dismissed the a.....
Tags : Alternative Remedy, SARFAESI Act, DRT
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Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)
Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....
Tags : Suit, Maintainability, Adequate remedy
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When the statute provides a remedy by way of appeal against the award, the High Court ought not to have entertained the writ petition(04.05.2022)
The original claimant has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Cou.....
Tags : Award, Statutory remedy
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Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)
Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....
Tags : Writ Jurisdiction, Alternative Remedy, Article 226
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