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1 - 10 of 12 (0.30 seconds)The Code of Civil Procedure, 1908
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
(i) cases where such alternative remedy is available before Civil
Courts in terms of the provisions of Code of Civil procedure and (ii)
cases where such alternative remedy is available under special
enactments and/or statutory rules and the fora provided therein
happen to be quasi judicial authorities and tribunals. In respect of
cases falling under the first category, which may involve suits and
other proceedings before civil courts, the availability of an appellate
remedy in terms of the provisions of CPC, may have to be construed
as a near total bar. Otherwise, there is a danger that someone may
challenge in a revision under Article 227, even a decree passed in a
suit, on the same grounds on which the respondents 1 and 2 invoked
the jurisdiction of the High court. This is why, a 3 member Bench of
this court, while overruling the decision in Surya Dev Rai vs. Ram
Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC
675], pointed out in Radhey Shyam Vs. Chhabi Nath [Radhey
Shyam v. Chhabi Nath, (2015) 5 SCC 423 : (2015) 3 SCC 67] that
"orders of civil court stand on different footing from the orders of
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authorities or Tribunals or courts other than judicial/civil courts.
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Srihari Hanumandas Totala vs Hemant Vithal Kamat on 9 August, 2021
In support of his contentions,
learned counsel placed upon Sayyed Ayaj Ali Vs. Prakash G. Goyal and
others : (2021) 7 SCC 456; Sirihari Hanumandas Totala Vs. Hemant
Vithal Kamat and others : 2021(3) RCR (Civil) 768 and Ramal Adwani
Vs. Vashulal M.Talreja and another (Bomby HC) : Writ Petition (Civil)
No.13427 of 2018.
Virudhunagar Hindu Nadargal Dharma ... vs Tuticorin Educational Society on 3 October, 2019
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appropriate to entertain the instant petition under Article 227 of the
Constitution of India. It would be relevant to reproduce the observations of
the Hon'ble Supreme Court in Virudhunagar Hindu Nadargal Dharma
Paribalana Sabai and Ors. Vs. Tuticorin Educational Society and Ors.,
(2019)9 SCC 538, which are as under:-
Radhey Shyam & Anr vs Chhabi Nath & Ors on 26 February, 2015
(i) cases where such alternative remedy is available before Civil
Courts in terms of the provisions of Code of Civil procedure and (ii)
cases where such alternative remedy is available under special
enactments and/or statutory rules and the fora provided therein
happen to be quasi judicial authorities and tribunals. In respect of
cases falling under the first category, which may involve suits and
other proceedings before civil courts, the availability of an appellate
remedy in terms of the provisions of CPC, may have to be construed
as a near total bar. Otherwise, there is a danger that someone may
challenge in a revision under Article 227, even a decree passed in a
suit, on the same grounds on which the respondents 1 and 2 invoked
the jurisdiction of the High court. This is why, a 3 member Bench of
this court, while overruling the decision in Surya Dev Rai vs. Ram
Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC
675], pointed out in Radhey Shyam Vs. Chhabi Nath [Radhey
Shyam v. Chhabi Nath, (2015) 5 SCC 423 : (2015) 3 SCC 67] that
"orders of civil court stand on different footing from the orders of
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authorities or Tribunals or courts other than judicial/civil courts.
Hirday Narain vs Income-Tax Officer, Bareilly on 21 July, 1970
In
support of his submissions, learned counsel has placed reliance upon Surya
Dev Rai Vs. Ram Chander Rai and others, (2003) 6 SCC 675, Calcutta
Discount Co. Ltd. Vs. Income Tax Officer, Companies District I Calcutta
and another, (1961) 2 SCR 241, Hirday Narain Vs. Income Tax Officer,
Bareilly, 1970(2) SCC 355, Harbanslal Sahnia andanother Vs. Indian Oil
Corpn. Ltd. and others and various other judgments of High Courts and the
Supreme Court.
Calcutta Discount Co. Ltd. vs Income Tax Officer, Companies District ... on 26 March, 1952
In
support of his submissions, learned counsel has placed reliance upon Surya
Dev Rai Vs. Ram Chander Rai and others, (2003) 6 SCC 675, Calcutta
Discount Co. Ltd. Vs. Income Tax Officer, Companies District I Calcutta
and another, (1961) 2 SCR 241, Hirday Narain Vs. Income Tax Officer,
Bareilly, 1970(2) SCC 355, Harbanslal Sahnia andanother Vs. Indian Oil
Corpn. Ltd. and others and various other judgments of High Courts and the
Supreme Court.