extra-ordinary jurisdiction and that the appellant had an
alternate and efficacious remedy under Section 439 of the CrPC.
E Submissions of counsel
23 Assailing ... applying for regular bail. Having regard to the alternate and
efficacious remedy available to the petitioner under section
439 of the Code of Criminal Procedure
Stage 1# is crucial concerning whether arbitration is
allowed to go forward efficaciously or is obstructed by
court intervention. At Stage 1, a party opposing
Constitution of India and in
view of alternate efficacious remedy provided under the 1959 Act.
30. It is also submitted that the disqualification ... exercised inter alia
keeping in view of the fact that an efficacious alterna-
tive remedy is available therefor. (See Mrs. Sanjana M.
Wig Vs. Hindustan
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 ... also nonĀsuit the petitioner on the ground that
alternative efficacious remedy is available and that be invoked by
the writ petitioner. However
Court may
not exercise their extraordinary writ jurisdiction because there is
an efficacious alternative remedy available but that does not
6
mean that the jurisdiction ... High
Court should not exercise its extraordinary writ jurisdiction when
an efficacious alternative remedy is available, is a rule of
prudence and not a rule
Five (5) years later it reportedly saw a
revision to increase its efficacy, but it has hardly made an impact. In
the year ... COVID period.
9. In most countries, mediation has proved to be an efficacious
remedy and here we are talking about mediation inter se the
Government
also on account of Section 41(h) , which envisages that when
equally efficacious relief can certainly be obtained by any other
usual mode of proceeding ... Maharashtra) is right in contending that the plaintiffs would have
equally efficacious relief by resorting to other mode of
proceedings. To wit, when the proposal
learned single Judge. The Division Bench has not even
analysed the efficacy of the affidavits filed in support of the stand
taken by the appellant ... short paragraphs reproduced in paragraph 6 above. It
has not analysed the efficacy of the proceedings in Misc. Case No.
04 (DW1) PNB/1989
Sushila Aggarwal vs State (Nct Of Delhi) on 29 January, 2020
Equivalent citations: AIR 2020
torture. Infringement thereof
undermines the peoples' faith in the efficacy of criminal
justice system. Interrogation in police lock-up are often
done under conditions