a proper remedy nor is this Court a proper forum for reopening the concluded contracts with a view to getting back a part ... civil court with a money claim."
38. The aforementioned legal position with regard to the question of maintainability of a writ petition seeking enforcement
Madireddy was a case
which dealt with an identical situation of a writ petition having been
instituted against AIL while it was a wholly owned ... maintainability of the writ petition being left untouched.
8. Turning then to the decisions rendered by our Court on the issue of
maintainability of a
management, by a resolution of the company, like any other shareholder."
14. The question of maintainability of a writ petition under Article ... civil court with a money claim."
25. The aforementioned legal position with regard to the question of maintainability of a writ petition seeking enforcement
a writ petition and that the rule, which
requires a party to pursue the alternative remedy provided by
a statute, is a rule of policy ... discretion rather
than a rule of law. Though elementary, it needs to be restated
that “entertainability” and “maintainability” of a writ petition
are distinct concepts
a writ
petition and that the rule, which requires a party to pursue the
alternative remedy provided by a statute, is a rule of policy ... discretion rather than a rule of law. Though
elementary, it needs to be restated that “entertainability” and
“maintainability” of a writ petition are distinct concepts
open to a Court, even in a case in which a
writ petition is maintainable, to refuse to entertain the writ petition.
That refusal, however ... a writ petition and that the rule, which requires
a party to pursue the alternative remedy provided by a statute, is a
rule of policy
a writ petition :-
(a) In an appropriate case, a writ petition as against a State or an
instrumentality of a State arising out of a ... a ground to refuse to
entertain a writ petition in all cases as a matter of rule.
(c) A writ petition involving a consequential relief
complain of it. [65C, D-
E]
8.(i) The maintainability of a writ petition which is
correlated to the existence and violation of a fundamental ... question as regards the
maintainability of the writ petition. But, we feel concerned
to point out that the maintainability of a writ petition
which
Joshi Technologies International Inc vs Union Of India & Ors on 14 May, 2015
Equivalent
a writ petition:
(a) In an appropriate case, a writ petition as against a State or an
instrumentality of a State arising out of a ... a ground to refuse to entertain a writ petition in all cases
as a matter of rule.
(c) A writ petition involving a consequential relief
