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1 - 10 of 57 (0.36 seconds)The Limitation Act, 1963
Article 113 in Constitution of India [Constitution]
Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998
In Whirlpool Corporation vs. Registrar of Trade Marks,
Mumabi and others, (1998) 8 SCC 1, The Hon'ble Supreme
Court held that an alternative remedy will not operate as a
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bar to the maintainability of a writ petition in at least four
contingencies, namely, where the writ petition has been
filed for the enforcement of any of the Fundamental Rights
or where there has been a violation of the principles of
natural justice or where the order or proceedings
challenged are wholly without jurisdiction or the vires of an
Act is challenged. This view has been reiterated by the
Hon'ble Supreme Court in a plethora of subsequent cases
and indeed in earlier cases also.
Section 32 in The Limitation Act, 1963 [Entire Act]
The State Of Uttar Pradesh vs Mohammad Nooh on 30 September, 1957
12. The Constitution Benches of this Court in K.S. Rashid and
Son v. Income Tax Investigation Commission [AIR 1954 SC
207] , Sangram Singh v. Election Tribunal [AIR 1955 SC 425]
, Union of India v. T.R. Varma [AIR 1957 SC 882] , State of
U.P. v. Mohd. Nooh [AIR 1958 SC 86] and K.S. Venkataraman
and Co. (P) Ltd. v. State of Madras [AIR 1966 SC 1089] have
held that though Article 226 confers very wide powers in the
matter of issuing writs on the High Court, the remedy of writ
is absolutely discretionary in character. If the High Court is
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satisfied that the aggrieved party can have an adequate or
suitable relief elsewhere, it can refuse to exercise its
jurisdiction. The Court, in extraordinary circumstances, may
exercise the power if it comes to the conclusion that there has
been a breach of the principles of natural justice or the
procedure required for decision has not been adopted.
M/S Tata Teleservices Limited vs The State Of Chhattisgarh on 14 March, 2022
54. The decision in M/s Tata Teleservices Limited vs.
The State of Chhattisgarh and others rendered by the
Hon'ble Supreme Court in Civil Appeal No.1993 of 2022
were on different facts. The assessee in that case had
straightway challenged the assessment order by way of a
writ petition, which is not the case here. In the present
case, as noted above, the writ petitioner chose to pursue
the statutory avenue of filing objection to the assessment
notice under Section 74 of the Regulation, thereby inviting
a decision on all the concerned issues from the
Commissioner. Having failed before the Commissioner the
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petitioner cannot now invoke the writ jurisdiction to
challenge the selfsame notice.
N/S.Sayar Cars vs The Appellate Deputy Commissioner (Ct) on 14 October, 2022
(ii) M/s Sayar Cars Vs. Appellate Deputy
Commissioner (CT) WP No.30251, 30256 and
30258 of 2019
The Calcutta Municipal Corporation & ... vs The Cricket Association Of Bengal & Ors on 6 June, 2023
In this
connection, reliance was placed on the case of Calcutta
Municipal Corporation and others vs. The Cricket
Association of Bengal and others [APO/248 of 2016
with WPO/2662 of 1996).