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Documents citing Bombay Metropolitan Region ... vs Gokak Patel Volkart Ltd. & Ors on 13 December, 1994

Gram Vikas Samittee Shahapur vs Darshanlal S/O Nandlal Malohtra on 26 March, 2009

21) Before adverting to the contentions of the learned counsel of the parties, the observations of the Apex Court in (1995)1 SCC 642 Bombay Metropolitan Region Development Authority, Bombay ::: Downloaded on - 09/06/2013 14:27:53 ::: 16 ..vs.. Gokak Patel, Vokart Ltd. and others, in paragraph 12 and 13 which are pressed into service by the learned counsel for the respondent need to be seen. Vide excerpts above; it would be seen that the entertaining of writ petition would be barred if the petitioner wants to invoke writ jurisdiction of the High Court, praying more or less for the same remedy, as it is prayed in the statutory appeal.
Bombay High Court Cites 18 - Cited by 2 - S R Dongaonkar - Full Document

J. Anandan vs State Of Kerala on 25 October, 2013

In view of this basic infirmity, this Court finds that the decisions rendered by the Apex court in 1995(1) SCC 642 ( Bombay Metropolitan Region Development Authority, Bombay v. Gokak Patel Volkart Ltd. and Others and 2004 ( 7) SCC 166( S.J.S.Business Enterprises (P) Ltd. v. State of Bihar and Others) do not place any hurdle and the matter has to be considered by the original authority himself for not having satisfied the requisite norms, particularly for not having given any effective opportunity of hearing before cancelling Ext.P1 NOC.
Kerala High Court Cites 5 - Cited by 0 - P R Menon - Full Document

Gujarat Gas Co. Ltd. vs Commissioner Of Income Tax on 18 April, 2000

46. Mr. Nayak, learned counsel, contended that as pointed out by the apex Court in the case of Bombay Metropolitan Region Development Authority, Bombay vs. Gokak Patel Volkart Ltd. & Ors. 1995 (1) SCC 642 that where there is not only the existence of an alternative remedy but the writ petitioner actually had availed of that remedy, the writ petitioner appeal before the statutory authority was pending and the petition should not be entertained.
Gujarat High Court Cites 72 - Cited by 17 - Full Document

Gujarat Gas Co. Ltd. vs Joint Commissioner Of Income Tax on 18 April, 2000

7F. Mr. Nak the learned counsel contended that as pointed out by the Apex court in the case of Bombay Metropolitan Region Development Authority v. Gokak Patel Volkart Ltd. 1995 (1) SCC 642 that where there is not only the existence of an alternative remedy but the writ petitioner actually had availed of that remedy. The writ petitioner appeal before the statutory authority was pending and the petition should not be entertained.
Gujarat High Court Cites 65 - Cited by 8 - Full Document

H.D. Exporters vs Union Of India (Uoi) And Ors. on 27 November, 1997

In Bombay Metropolitan Region Development Authority, Bombay v. Gokak Patel Volkart Ltd. and Ors. , the Supreme Court observed that where there was the existence of an alternative remedy and the party also had availed of that alternative remedy and at the time he filed the writ petition, his appeal before the statutory authority was pending, the writ petition was not maintainable. The situation in the instant case is identical. The writ petitioner had filed an appeal before the Appellate Tribunal, though at the time he filed the writ petition it had not been numbered. After the writ petition was numbered and admitted, the writ petitioner had got the appeal numbered and taken its chance before the Appellate Tribunal. The Appellate Tribunal rejected the case of the writ petitioner on merits and dismissed the appeal, though it reduced the fine. I have already held that the proceeding culminating in the order of the Collector is not a nullity. The appeal was perfectly competent and the petitioner had availed of it, though in the affidavit in support of the writ petition it is stated that the appeal had been filed by way of abundant caution. In my view, the petitioner ought to have elected his remedy. He ought not to have pursued the appeal if, as alleged by him, it was not an effective alternative remedy. The doctrine of election of remedies generally regarded as being an application of the law of estoppel upon a theory that a party cannot in the assertion or prosecution of the rights take inconsistent positions.
Madras High Court Cites 14 - Cited by 0 - Full Document
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