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1 - 9 of 9 (0.43 seconds)Article 226 in Constitution of India [Constitution]
State Of H.P. And Ors vs Gujarat Ambuja Cement Ltd. And Anr on 18 July, 2005
25. Considering the submissions made by the learned
counsels appearing on behalf of the parties concerned and on
analysing the cases cited and in view of the facts and
circumstances in which the present writ petition has arisen,
it is seen that the petitioner has an alternate appellate
remedy, under the available provisions of law, for the
reliefs sought for by them. Once it is accepted that the
petitioner has an appellate remedy, it is not open to them
to come before this Court by way of filing a writ petition,
under Article 226 of the Constitution of India, unless it is
clearly shown that the impugned orders have been passed by
the respondent by following a law which is ultra vires or
that they have been made in violation of the principles of
natural justice as held by the Supreme Court in State of
H.P. V. Gujarat Ambuja Cement Ltd., (2005) 142 STC 1 (SC).
In the present writ petition before this Court, the
petitioner has not shown sufficient reason or cause for this
Court to set aside the impugned order of the respondent,
while a statutory appeal remedy is available to the
aggrieved party.
Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
In Harbanslal Sahnia Vs.
Indian Oil Corporation Ltd. (2003) 2 SCC 107, the
Supreme Court held that the rule of exclusion of
writ jurisdiction by availability of alternative
remedy is a rule of discretion and not one of
compulsion and the Court must consider the pros
and cons of the case and then may interfere if it
comes to the conclusion that the petitioner seeks
enforcement of any of the fundamental rights or
where there is failure of principles of natural
justice or where the orders or proceedings are
wholly without jurisdiction or the vires of an Act
is challenged.
THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976
Section 4 in Tamil Nadu Goods and Services Tax Act, 2017 [Entire Act]
Section 16 in Tamil Nadu Goods and Services Tax Act, 2017 [Entire Act]
Tamil Nadu Goods and Services Tax Act, 2017
M/S.Sree Murugan Engineering Products vs The Commercial Tax Officer on 12 October, 2006
16. The learned counsel appearing for the petitioner
had also relied on a Division Bench of this Court made in
SREE MURUGAN ENGINEERING PRODUCTS Vs. COMMERCIAL TAX
OFFICER, COIMBATORE, ((2006) 148 STC 419 (Mad)), wherein it
had been held as follows:
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