between these two remedies under the two
different Acts. Therefore, the doctrine of election has no application in this
case. Section 13(3) inter alia ... concerned, the remedies are complimentary to each other
and, therefore, the doctrine of election has no application to the present case.
In the present matter
Navdeep Kaur vs State Of Punjab And Others on 1 June, 2023
Author: Lisa Gill
Arbitral Tribunal as forum shopping.
12) So far as the doctrine of election is concerned, Mr. Tamboly
would submit that the Apex Court has explained ... even if one out of the
three elements is absent, the doctrine of election would not apply. He
would submit that the doctrine of election
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
Equivalent citations: AIR
benefits
under a deed-If must also accept the obligations thereunder-
Doctrine of election.
The properties in plaint Schedules A, B & C were mortgaged ... lapse of 60 years from 1842. The doctrine of
election was properly applied in respect of his 1/4th share
now in possession
Baishakhu Ram Binjhavar vs South Eastern Coaldields Ltd on 11 September, 2017
Author: Sanjay K
judgement which
are extracted below:
?15.The Doctrine of Election clearly suggests that when two remedies are
available for the same relief, the party ... relief available under Section 29 of the
Act.
16.The doctrine of election, as commonly understood, would, thus, not be
attracted under
discussion on this question, the Court rejected the
applicability of the doctrine of election by holding that simply
because remedy under the provisions ... light of the above discussion, we now
examine the doctrine of election. There are three
elements of election, namely, existence of two or more
remedies
before two separate
and distinct forums would not trigger in, the doctrine of election unless, they
are also inconsistent with each other. Concurrent or even ... light of the above discussion, we now examine the
doctrine of election. There are three elements of election, namely,
existence of two or more remedies
election of remedies that
certain well-recognized conditions must exist
before the election becomes operative. They
may be termed the „elements of election‟, and
their ... absent, the doctrine will
not apply to preclude the remedy not
exercised."
10. Inconsistent remedies
The doctrine of election of remedies is applicable
only
