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1 - 7 of 7 (0.29 seconds)Section 35 in Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 [Entire Act]
The State Of Uttar Pradesh vs Mohammad Nooh on 30 September, 1957
The law laid down by Hon'ble the Apex Court in
State of U.P. v. Mohammad Nooh (supra) still holds the
field and in view of the law laid down a writ in the nature
of certiorari can be issued even if a remedy of
appeal/revision is available on arriving at a conclusion
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that an inferior court or Tribunal of first instance has
committed an error so patent that may not be cured or
obliterated by adopting the other statutory remedy. The
doctrine of availability of alternative remedy may also be
ignored, if the inferior court or Tribunal of first instance
acts wholly without jurisdiction or patently in excess of
jurisdiction or manifestly conducts the proceedings of a
writ in the manner that that is contrary to the rules of
natural justice.
Balotra Water Pollution Control & ... vs State Of Rajasthan & Ors on 8 October, 2015
A Division Bench of this Court in the case Balotra
Water Pollution Control & Research Foundation Trust
(BWPCRT) Vs. State of Rajasthan & Ors. reported in
RLW 2016 (1) P. 671 [DBCWP No.10986/2015, decided on
8th October, 2015] examined the aspect of availability of
statutory alternative remedy and held as under:-
Foreshore Co-Operative Housing ... vs Shri Praveen D. Desai And Ors. on 6 May, 2004
True it is, an objection about filing of the original
application within the limitation prescribed is pending
consideration before the Tribunal and in light of the law
laid down by Hon'ble Supreme Court in Foreshore
Cooperative Housing Society Limited v. Praveen D.
Desai & Ors. (supra), a plea of limitation concerns the
jurisdiction of court that tries the proceedings. A writ
court, if arrives at the conclusion that the order passed
by the subordinate court or tribunal lack jurisdiction,
then deviate from the principles to avail alternative
remedy, but it is always within the discretion of the
court and the court even on arriving at the conclusion
that the order is without jurisdiction and is also in
breach of fundamental right may insist upon a party to
avail alternative remedy, if that is efficacious. The
eventualities given to deviate from the principle under
discussion does not put any obligatory duty to invoke
writ jurisdiction, but a discretion only."
Article 32 in Constitution of India [Constitution]
Section 22 in Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 [Entire Act]
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