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Documents citing Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998

Ranjeet Singh vs State Of Rajasthan And Ors. on 10 April, 2007

5. Shri B.L. Sharma argued that the petitioner had to file writ petition directly before this Court bypassing the remedy of appeal because there was utter failure of the principle of natural justice in passing of the impugned order and therefore the remedy of appeal in the circumstances of the case cannot be taken as absolute bar to the maintainability of the writ petition. Alternative remedy cannot come as a bar for entertaining a writ petition where there has been whole some violation of principle of natural justice, as has been held by their lordships of the Supreme Court in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors. . It was therefore prayed that the impugned orders be quashed and set aside and the respondents be directed to restore the arms licenses originally granted to the petitioner.
Rajasthan High Court - Jaipur Cites 33 - Cited by 0 - M Rafiq - Full Document

M/S Lava International Ltd vs State Finance Departmentors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document

M/S Hcl Infosystems Ltd vs State Finance Departmentors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document

M/S Micromax Informatis Ltd vs State Finance Departmentors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document

M/S Micromax Informatis Ltd vs State Finance Departmentors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document

Indian Hotels Co. Ltd. vs State Of Rajasthan And Ors. on 2 April, 2007

In this connection, he relied on Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors. , Calcutta Discount Co. Ltd. v. Income-tax Officer, Companies District-I, Calcutta and Anr. , State of Punjab v. Mohabir Singh and Ors. , Deepa v. State of Rajasthan and Ors. ; Ganga Saran & Sons P. Ltd. v. Income-tax Officer and Ors. , Income Tax Officer, I ward, Distt.
Rajasthan High Court - Jaipur Cites 16 - Cited by 0 - M Rafiq - Full Document

M/S Sony India Pvt Ltd vs State Of Raj And Ors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document

M/S Interglobe Aviation Ltd vs State Of Raj & Ors on 28 February, 2013

Core question that requires to be decided is whether the present case falls within any of the exceptions carved out by the Supreme Court so as to justify entertainment of the writ petition by this court under Article 226/227 of the Constitution in the face of remedy of appeal under Section 82 of the VAT Act. The Constitution Bench of the Supreme Court in Whirlpool Corporation, supra, enlisted four exceptions, viz., namely, where the writ petition has been filed for enforcement of fundamental rights; where there has been violation of principle of natural justice; where the order of proceedings is wholly without jurisdiction; and where the vires of Act is challenged. But their Lordships though noticed earlier Constitution Bench decision in Calcutta Discount Co. Ltd., but did not mention yet another exception to this rule laid down therein, which was that where availing of alternative remedy subjects a person to lengthy proceedings and unnecessary harassment, writ petition may be entertained.
Rajasthan High Court - Jaipur Cites 28 - Cited by 0 - M Rafiq - Full Document

M/S Samsung India Electonics vs State Finance Departmentors on 17 September, 2019

Reliance is also placed on the judgement of Whirlpool Corporation, supra in which it was held that alternative remedy would not operate as an absolute bar in three contingencies namely, (i) where the Writ Petition has been filed for the enforcement of any of the fundamental rights or (ii) where there has been a violation of the principles of natural justice or (iii) where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged.
Rajasthan High Court - Jaipur Cites 48 - Cited by 0 - Full Document
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