The Secretary Of State vs Mask And Co. on 15 March, 1940
"There
are three classes of cases in which a liability may be established
founded upon statute.... But there is a third class, viz., where a
liability not existing at common law is created by a statute which
at the same time gives a special and particular remedy for
enforcing it...the remedy provided by the statute must be followed,
and it is not competent to the party to pursue the course
applicable to cases of the second class. The form given by the
statute must be adopted and adhered to." The rule laid
down in this passage was approved by the House of Lords in Neville
v. London Express Newspaper Ltd. [1919] AC 368 and has been
reaffirmed by the Privy Council in Attorney-General of
Trinidad and Tobago v. Gordon Grant and Co. [1935] 532 and
Secretary of State v. Mask and Co. AIR 1940 PC 105. It has also been
held to be equally applicable to enforcement of rights, and has
been followed by this Court throughout. The High Court was
therefore justified in dismissing the writ petitions in limine".