option notwithstanding anything contained in the 1923 Act.
The 'doctrine of election' is a branch of 'rule of estoppel', in terms ... from asserting a right which he otherwise
would have had. The doctrine of election postulates that when two remedies
are available for the same relief
option notwithstanding anything
contained in the 1923 Act.
The "doctrine of election" is a branch of "rule of
estoppel", in terms ... from asserting a right which he otherwise would
have had. The doctrine of election postulates that when
two remedies are available for the same relief
cannot `approbate and
reprobate' is only one application of the doctrine
of election, and that its operation must be confined
to reliefs claimed ... lapse of 60 years from 1842. In our
opinion, the doctrine of election was properly
applied in respect of Kunhi Pakki
having regard to the principle of doctrine of election. In support of the said contention, learned counsel relied upon the decisions of the Apex Court ... cannot be said that by virtue of doctrine of election, the Wakf Board could not have invoked the power under Sub-section (3) of Section
senior counsel would contend that in a case of this nature, doctrine of election shall be squarely applicable. In that view of the matter ... Suppl)-788 (Del) while dealing with the doctrine of election laid down the following dicta:
"In the present case this Court had dismissed
Union Of India vs Pramod Gupta (D) By Lrs. & Ors on 7 September, 2005
would urge when the employee has voluntarily
withdrawn the offer, the doctrine of election will have no application as by reason
thereof the employee
Constitution cannot be said to have any
application whatsoever;
(iv) Doctrine of Election would apply in the case of Respondents as
they had a choice
Union Of India (Uoi) vs Pramod Gupta (D) By L.Rs. And Ors. on 7
also assume that having regard to the
doctrine of approbation and reprobation as also the doctrine of election, the
writ petitioner could not question
