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V.D.Ashok Kumar vs The District Collector on 30 July, 2025 cites

M/S. Girnar Traders vs State Of Maharashtra & Ors on 11 January, 2011

In this regard, before proceeding further, it is deemed appropriate to write that this Court, in C.Gopinathan case reported in 2025:MHC:1162 (order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Nos.8324 and 8237 of 2022 thereat), respectfully following Girnar principle, i.e., declaration of law made by a Page Nos.6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:47:30 pm ) W.P.No.10954 of 2023 Constitution Bench of the Hon'ble Supreme Court in Girnar Traders (3) vs. State of Maharashtra reported in (2011) 3 SCC 1, held that said 1905 Act is a self contained Code. Girnar principle is that if a statute provides for a complete machinery to deal with the purpose sought to be achieved by that law and its dependence on other legislations is either absent or minimal, such a statute is a self contained Code.
Supreme Court of India Cites 101 - Cited by 295 - S Kumar - Full Document

Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998

In this view of the matter, we find that the captioned WPs are not entertainable but if statutory appeals, stay petitions and CoD petitions, if any, survive, the same can be considered by R1 - Appellate Authority on their own merits and in accordance with law, Page Nos.8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:47:30 pm ) W.P.No.10954 of 2023 untrammelled by this order but we make it clear that we are not making any orders on merits much less interim orders and we also make it clear that we are holding that captioned WPs though maintainable are not entertainable on the teeth of the effective and efficacious alternate remedy and the captioned matters are not fitting into one of the exceptions to alternate remedy vide Whirlpool exceptions {Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai reported in CDJ 1998 SC 371} namely, (a) Enforcement of fundamental rights; (b) Violation of Natural Justice Principles [NJP]; (c) Wholly without jurisdiction and (d) Challenge to Vires of a Statute. Relevant paragraph in Whirlpool Judgment as reported in CDJ is Paragraph 13 and the same reads as follows:
Supreme Court of India Cites 45 - Cited by 2032 - S S Ahmad - Full Document
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