public duty or public interest.
38.ALTERNATE REMEDY AND MONSTROSITY OF THE ISSUE The issue of alternate remedy is inter related with the monstrosity ... opinion render the provision as an ineffective remedy and cannot be pleaded an effective alternative remedy so as to prevent the Union to seek
circumstances. High Court does not interfere when an equally efficacious alternative remedy is available, or when there is established procedure to remedy a wrong ... calling for interference, they are amenable to writ jurisdiction and the alternative remedy will not be a bar. He submitted that the cases decided
Apex Court for exhausting the efficacious alternative remedy provided under the statute.
22.When an effective alternative remedy is available, a writ petition cannot ... explained the rule of 'alternate remedy' in the following terms
Considering the plea regarding alternative remedy as raised by the appellant-State. Except
alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy ... ground of non-exhaustion of alternative remedy without even indicating what was the alternative remedy available to the appellant. Only in those circumstances, the Supreme
K. Sudarsan And Ors. vs The Commissioner, Corporation Of ... on 13 April, 1983
Equivalent citations
This takes us to alternate remedy rule. In other
words, question of exercise of writ jurisdiction notwithstanding
alternate remedy. With regard to exercise ... writ jurisdiction on the
teeth of alternate remedy, this Court is clear that alternate remedy is
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employer. It was further stated that though there was an alternative remedy available to the workers under Section 2A and 2(k) under the Industrial ... alternative remedies. Some of the grounds which would weigh against the exercise of the power are (i) availability of effective alternative remedy (2) absence
face of the alternative remedy available under the Act, the Apex Court held that the presence of an alternative remedy is not an absolute ... alternative remedy.
49. I agree with the submission of the learned senior counsel appearing for the petitioner that the existence of an alternative remedy
alternative remedy is a rule of
discretion and not one of compulsion. In
an appropriate case, in spite of
availability of the alternative remedy ... there is an
adequate efficacious alternative remedy.
If somebody approaches the High Court
without availing the alternative remedy
provided the High Court should ensure
that
line of reasoning.
3. The existence of an alternative remedy, even an adequate alternative remedy, does not oust the Jurisdiction of this court to issue ... efficient remedy, e.g., a remedy by appeal."
21. The correct position appears to be this where there is an alternative remedy and that
