proved on
the basis of expert evidence, in that event the
efficacy of the remedy provided under this Act will
9
be unnecessarily burdened ... regardless of factual requirement of the case. If
that is done the efficacy of remedy under the Act
will be substantially curtailed and in many
case
illustrates how exercise of administrative powers were more
expedient, effective and efficacious. If the High Court had
intended to exercise its judicial power
with the object of
inculcating faith in the efficacy of banking operations and
giving credibility to negotiable instruments in business
transactions. These provisions were intended
bringing Section 138 into
the statute was to inculcate faith in the efficacy of banking
operations and credibility in transacting business on
negotiable instruments ... course
to act upon it. It thus seeks to promote the efficacy
of bank operations and ensures credibility in
transacting business through cheques. In such
alternative
remedy, which without being unduly onerous, provides an
equally efficacious remedy. Again the High Court does not
generally enter upon a determination of questions ... High Court under
Section 35 of FEMA does not provide an efficacious remedy. In fact
there could hardly be any reason since the High Court
writ petition it had been
categorically stated:
"That no efficacious remedy is available
to the petitioners than the present
petition under Article
specific provision in the Code or the
concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
(7) Where a criminal proceeding
State Of Uttaranchal vs Balwant Singh Chaufal & Ors on 18 January, 2010
Equivalent citations
C. Muniappan & Ors vs State Of Tamil Nadu on 30 August, 2010
Equivalent citations
testimony of a stamped witness has its own relevance
and efficacy. The fact that the witness sustained injuries
at the time and place of occurrence
