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

Molson Coors Cobra India Pvt. Ltd vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

Molson Coors India Pvt. Ltd vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

United Spirits Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

Bacardi India Private Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

Carlsberg India Private Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

Colona Blenders And Bottlers (India) ... vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

Pernod Ricard India (P) Limited vs The State Of Bihar on 24 November, 2023

75. On the other hand, Mr. P.K. Shahi, learned Advocate General relied on Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors. reported in (1998) 8 SCC 1 (Para 14 and 15) and Commissioner of Income Tax and Ors. vs. Chhabbil Das Agarwal reported in (2014) 1 SCC 603 (Para 15) to overcome the decisions cited on behalf of the petitioners to the extent that the petitioners have to exhaust the statutory remedy before invoking Article 226 in filing writ petition.
Patna High Court Cites 74 - Cited by 0 - P B Bajanthri - Full Document

K C Garg vs Food Corporation Of India & Ors on 4 May, 2016

8 of 23 ::: Downloaded on - 10-06-2016 21:16:38 ::: CWP No. 1718 of 2014 -9- the appellants that a remedy by way of an appeal being available to the respondent, the High Court ought not to have entertained his petition filed under Articles 226/227 of the Constitution. There is no gainsaying that in a given case, the High Court may not entertain a writ petition under Article 226 of the Constitution on the ground of availability of an alternative remedy, but the said rule cannot be said to be of universal application. The rule of exclusion of writ jurisdiction due to availability of an alternative remedy is a rule of discretion and not one of compulsion. In an appropriate case, in spite of the availability of an alternative remedy, a writ court may still exercise its discretionary jurisdiction of judicial review, in at least three contingencies, namely, (i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. In these circumstances, an alternative remedy does not operate as a bar. (See: Whirpool Corporation Vs. Registrar of 9 of 23 ::: Downloaded on - 10-06-2016 21:16:38 ::: CWP No. 1718 of 2014 -10- Trade Marks 1999 (1) RCR (Civil) 220: (1998) 8 SCC 1: , Harbanslal Sahnia & Anr. Vs. Indian Oil Corporation Ltd. & Ors. (2003) 2 SCC 107, State of H.P. Vs. Gujarat Ambuja Cement Ltd. (2005) 6 SCC 499 and Sanjana M. Wig Vs. Hindustan Petroleum Corporation Ltd. 2005 (4) RCR (Civil) 160 :
Punjab-Haryana High Court Cites 12 - Cited by 1 - P B Bajanthri - Full Document

Rajvardhan Kumar @ Rajvardhan Singh vs The State Of Bihar Through The Home ... on 3 May, 2024

In the light of the decision, in Whirlpool Corporation v. Registrar of Trade Marks, reported in (1998) 8 SCC 1, three indisputable circumstances, whereunder a writ petition would be maintainable even if there be an alternative remedy available. Firstly, if the action of the respondent is illegal and without jurisdiction; secondly, if the principles of natural justice have been violated; and, thirdly, if the appellant's fundamental rights have been violated. In the light of discussion made in the said decision, there is no impediment in taking recourse of Article 226 of the Constitution of India for the purpose of enforcing such person's right which has been Patna High Court CR. WJC No.634 of 2024 dt.03-05-2024 8/20 discussed in the said decision even there is an alternative remedy available to the aggrieved party.
Patna High Court Cites 40 - Cited by 0 - P B Bajanthri - Full Document
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