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1 - 4 of 4 (0.26 seconds)The Code of Civil Procedure, 1908
A'Bad Cotton Mfg. Co. Ltd. Etc. vs Union Of India And Ors. on 13 April, 1977
I am in agreement with the views expressed by the Gujarat High Court in Ahemdabad Cotton Mfg. Co. case A.I.R. 1977 Guj. 113. How ever in the present case the Rajasthan Tenancy Act provides for direct remedies of appeal and revision to a wide extent. The present writ petition cannot, therefore, be entertained as the petitioner has failed to first exhaust the remedy available to him under the Act.
Krishna Gopal Joshi vs The Municipal Board And Ors. on 9 May, 1977
In Krishna Gopal Joshi v. The Municipal Board, Phalodi 1977 RLW 163, I have taken a view similar to that which has been expressed by the full bench of the Gujrat High Court in Abemdabad Cotton Mfg. Co. case A.I.R. 1977 Guj. 113 There is no doubt that the alternative remedy should be of wide amplitude and should be provided by the specific law or by subordinate legislation made there under & also that the general remedy by way of suit available at the common law cannot be considered to be an alternative remedy for the purposes of Clause (3) of Article 226 of the Constitution. But as observed by their lordship of the Gujarat High Court, if the Act provides for remedies by way of appeal and revision application of wide amplitude, they will have to be exhausted first.
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