Search Results Page
Search Results
1 - 10 of 13 (0.69 seconds)Section 129B in The Customs Act, 1962 [Entire Act]
Article 32 in Constitution of India [Constitution]
Section 130 in The Customs Act, 1962 [Entire Act]
K.S. Rashid And Son vs The Income-Tax Investigation ... on 22 January, 1954
Instead of dismissing the writ petition on the ground that the alternative remedy had been availed of, the Court may call upon the party to elect whether it will proceed with the alternative remedy or with the application under Article 226, K.S.RASHED AND SEN VS. INCOME TAX INVESTIGATION COMMISSION, (AIR 1954 SC 207). Therefore, the fact that a suit had already been filed by the appellant was not such a fact the suppression of which could have affected the final disposal of the writ petition on merits.
The Central Excise Act, 1944
Section 18 in The Customs Act, 1962 [Entire Act]
Section 112 in The Customs Act, 1962 [Entire Act]
M/S S.J.S. Business Enterprises (P) Ltd vs State Of Bihar And Ors on 17 March, 2004
11. There is another line of judgments of Supreme Court to the effect that when there is no factual dispute and only issue to be decided is, a question of law or interpretation of a statute, the availability of the alternative remedy cannot be regarded as a factor impinging upon the jurisdiction of the High Court to deal with the matter itself, if it is in a position to do so on the basis of the averments made in the affidavit. The Supreme Court went on to the extent of saying that even when an alternative remedy has been availed by the party and not pursued and rather withdrawn, the party could prosecute the proceedings under Article 226 of the Constitution of India for the very same relief or for rather a larger relief. The Supreme Court in the case of S.J.S. Business Enterprises (P) Ltd. v. State of Bihar,(2004) 7 SCC 166, held as follows: