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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 6 of 7 ::: Downloaded on - 25-12-2022 17:42:25 ::: CR-1218-2022 -7- authorities or Tribunals or courts other than judicial/civil courts.
Supreme Court of India Cites 25 - Cited by 3621 - R C Lahoti - Full Document

Virudhunagar Hindu Nadargal Dharma ... vs Tuticorin Educational Society on 3 October, 2019

5 of 7 ::: Downloaded on - 25-12-2022 17:42:25 ::: CR-1218-2022 -6- 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:-
Supreme Court of India Cites 7 - Cited by 517 - V Ramasubramanian - Full Document

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 6 of 7 ::: Downloaded on - 25-12-2022 17:42:25 ::: CR-1218-2022 -7- authorities or Tribunals or courts other than judicial/civil courts.
Supreme Court of India Cites 53 - Cited by 616 - A K Goel - Full Document

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.
Supreme Court of India Cites 13 - Cited by 318 - J C Shah - Full Document

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.
Calcutta High Court Cites 25 - Cited by 75 - Full Document
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