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1 - 10 of 21 (2.00 seconds)THE PAYMENT OF GRATUITY ACT, 1972
Article 14 in Constitution of India [Constitution]
Kanaiyalal Lalchand Sachdev & Ors vs State Of Maharashtra & Ors on 7 February, 2011
2. KanaiyalalLalchand Sachdev and Ors. vs.
State of Maharashtra and Ors. (07.02.2011 -
SC) : MANU/SC/0103/2011
It is well settled that ordinarily relief Under
Articles 226/227 of the Constitution of India is
not available if an efficacious alternative
remedy is available to any aggrieved person.
Sadhana Lodh vs National Insurance Company Ltd. & Anr on 24 January, 2003
(See Sadhana Lodh v. National Insurance Co.
Ltd.; Surya Dev Rai v. Ram Chander Rai and
SBI v. Allied Chemical Laboratories.)
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
(See Sadhana Lodh v. National Insurance Co.
Ltd.; Surya Dev Rai v. Ram Chander Rai and
SBI v. Allied Chemical Laboratories.)
Authorized Officer, State Bank Of ... vs Mathew K.C. on 30 January, 2018
4. Authorized Officer, State Bank of
Travancore and Ors. vs. Mathew K.C.
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W.P.No.34556 of 2003
and
W.M.P.No. 41973 of 2003
(30.01.2018 - SC) : MANU/SC/0054/2018
The petitioner argued that the SARFAESI
Act is a complete code by itself, providing for
expeditious recovery of dues arising out of
loans granted by financial institutions, the
remedy of appeal by the aggrieved
under Section 17 before the Debt Recovery
Tribunal, followed by a right to appeal before
the Appellate Tribunal under Section 18. The
High Court ought not to have entertained the
writ petition in view of the adequate alternate
statutory remedies available to the
Respondent. The interim order was passed on
the very first date, without an opportunity to
the Appellant to file a reply.
United Bank Of India vs Satyawati Tondon & Ors on 26 July, 2010
Reliance was
placed on United Bank of India vs. Satyawati
Tandon and others, 2010 (8) SCC 110,
and General Manager, Sri Siddeshwara
Cooperative Bank Limited and another vs.
Ikbal and others, 2013 (10) SCC 83. The writ
petition ought to have been dismissed at the
threshold on the ground of maintainability. The
Division Bench erred in declining to interfere
with the same. The Supreme Court agreed to
the arguments and held the same also noted
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W.P.No.34556 of 2003
and
W.M.P.No. 41973 of 2003
that the writ petition ought not to have been
entertained and the interim order granted for
the mere asking without assigning special
reasons, and that too without even granting
opportunity to the Appellant to contest the
maintainability of the writ petition and failure
to notice the subsequent developments in the
interregnum.
Gm, Sri Siddeshwara Co-Op.Bank Ltd.& ... vs Sri Ikbal & Ors on 22 August, 2013
Reliance was
placed on United Bank of India vs. Satyawati
Tandon and others, 2010 (8) SCC 110,
and General Manager, Sri Siddeshwara
Cooperative Bank Limited and another vs.
Ikbal and others, 2013 (10) SCC 83. The writ
petition ought to have been dismissed at the
threshold on the ground of maintainability. The
Division Bench erred in declining to interfere
with the same. The Supreme Court agreed to
the arguments and held the same also noted
18
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W.P.No.34556 of 2003
and
W.M.P.No. 41973 of 2003
that the writ petition ought not to have been
entertained and the interim order granted for
the mere asking without assigning special
reasons, and that too without even granting
opportunity to the Appellant to contest the
maintainability of the writ petition and failure
to notice the subsequent developments in the
interregnum.
State Of H.P. And Ors vs Gujarat Ambuja Cement Ltd. And Anr on 18 July, 2005
5. State of Himachal Pradesh v. Gujarat
Ambuja Cement Ltd. reported at AIR 2005 SC
3856, the Supreme Court explained the rule of
'alternate remedy' in the following terms
Considering the plea regarding alternative
remedy as raised by the appellant-State.
Except for a period when Article 226 was
amended by the Constitution (42nd
Amendment) Act, 1976, the power relating to
alternative remedy has been considered to be
a rule of self imposed limitation. It is
essentially a rule of policy, convenience and
discretion and never a rule of law. Despite the
existence of an alternative remedy it is within
the jurisdiction of discretion of the High Court
to grant relief under Article 226 of the
Constitution. At the same time, it cannot be lost
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W.P.No.34556 of 2003
and
W.M.P.No. 41973 of 2003
sight of that though the matter relating to an
alternative remedy has nothing to do with the
jurisdiction of the case, normally the High
Court should not interfere if there is an
adequate efficacious alternative remedy. If
somebody approaches the High Court without
availing the alternative remedy provided the
High Court should ensure that he has made
out a strong case or that there exist
good grounds to invoke the extraordinary
jurisdiction.