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Documents citing Union Of India (Uoi) And Anr. vs State Of Haryana And Anr. on 25 August, 1998

Indus Security Services And Detectives ... vs District Health And Family Welfare ... on 9 June, 2023

8. That apart, we may also usefully refer to the decisions of this Court reported in (1977) 2 SCC 724 (State of Uttar Pradesh & ors. vs. Indian Hume Pipe Co. Ltd.) and (2000) 10 SCC 482 (Union of India vs. State of Haryana). What appears on a plain reading of the former decision is that whether a certain item falls within an entry in a sales tax statute, raises a pure question of law and if investigation into facts is
Karnataka High Court Cites 14 - Cited by 0 - P S Yerur - Full Document

Smt P V Kalpana vs The State Of Karnataka on 16 July, 2024

The Apex Court found that in many such cases decided by the Apex Court earlier, including State of U.P. And Others Vs. Indian Hume Pipe Co. Limited (1977) 2 SCC 724; Union of India And Another Vs. State of Haryana and Another (2000) 10 SCC 482 and Assistant Commissioner of State Tax Vs. Commercial Steel Limited 2021 SCC OnLine SC 884, the controversy brought before the High Court was purely legal one and it does not involve disputed questions of fact but only questions of law and therefore, it was held that the high court should decide such controversy instead of dismissing the writ petition on the ground of availability of alternative remedy.
Karnataka High Court Cites 16 - Cited by 0 - R Devdas - Full Document

Shri Umapathi S/O. Panchaksharayya ... vs The Joint Registrar on 30 April, 2024

137) (Union of India vs. State of Haryana). What appears on a plain reading of the former decision is that whether a certain item falls within an entry in a sales tax statute, raises a pure question of law and if investigation into facts is unnecessary, the High Court could entertain a writ petition in its discretion even though the alternative remedy was not availed of; and, unless exercise of discretion is shown to be unreasonable or perverse, this Court would not interfere. In the latter decision, this Court found the issue raised by the appellant to be pristinely legal requiring determination by the High Court without putting the appellant through the mill of statutory appeals in the hierarchy. What follows from the said decisions is that where the controversy is a -7- NC: 2024:KHC-D:6933-DB WA No. 100150 of 2024 purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the High Court instead of dismissing the writ petition on the ground of an alternative remedy being available."
Karnataka High Court Cites 5 - Cited by 0 - R V Hosmani - Full Document

Yallappa S/O Channapap Jamgouda vs State Of Karnataka on 29 May, 2024

8. That apart, we may also usefully refer to the decisions of this Court reported in (1977) 2 SCC 724 (State of Uttar Pradesh & ors. vs. Indian Hume Pipe Co. Ltd.) and (2000) 10 SCC 482 (Union of India vs. State of Haryana). What appears on a plain reading of the former decision is that whether a certain item falls within an entry in a sales tax statute, raises a pure question of law and if investigation into facts is unnecessary, the high court could entertain a writ petition in its discretion even though the alternative remedy was not availed of; and, unless exercise of discretion is shown to be unreasonable or perverse, this Court would not interfere. In the latter decision, this Court found the issue raised by the appellant to be pristinely legal requiring determination by the high court without putting the appellant through the mill of statutory appeals in the hierarchy. What follows from the said decisions is that where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available."
Karnataka High Court Cites 8 - Cited by 0 - P S Yerur - Full Document
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