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1 - 10 of 40 (0.31 seconds)Article 226 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 20 in The Income Tax Act, 1961 [Entire Act]
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
14. This Court has got wide power to exercise jurisdiction under Articles 226/227 of the Constitution of India even if an alternative remedy is available to the petitioner, in case no interference will cause to serious miscarriage of justice or the authority or trial Court had exercise jurisdiction which was not vested in it, Surya Dev Rai v. Ram Chander Rai and Ors. (supra). The argument advanced by Mr. Prashant Chandra relating to the entertainment of writ petition vis-a-vis availability of alternative remedy is a settled proposition of law.
Section 30 in The Income Tax Act, 1961 [Entire Act]
Dipak Chandra Ruhidas vs Chandan Kumar Sarkar on 31 July, 2003
19. Since, by the impugned order the Debt Recovery Tribunal had granted permission to settle the dispute or compromise in view of RBI guidelines which has got direct nexus with the pending controversy before the appellate authority, it shall not be proper to interfere with the impugned order under the writ jurisdiction. The substantial illegality, infirmity or binding nature of other judgment of the Tribunal under similar circumstance can very well be considered by appellate authority by entertaining the appeal under Section 20 of the Act. The Apex Court in a case Dipak Chandra Ruhidas v. Chandan Kumar Sarkar (supra), held that the power of appellate Court is much wider than power conferred to High Court or Supreme Court. The appellate authority has got wide power to go into, interfere and decide the controversy in question.