appellants contends, the respondent-Corporation is precluded from pursuing two remedies simultaneously, i.e. one under Section 29 of the Act and the other under ... While the corporation cannot simultaneously pursue the two remedies, it is under no disability to take recourse to the rights and remedy available
this Court summed up the distinction between
the two remedies as under:
"21. ... There are a large number of cases where
criminal ... civil law can run side by side. The
two remedies are not mutually exclusive but clearly
coextensive and essentially differ in their content
and consequence
this Court summed up the distinction between
the two remedies as under:
"21. ... There are a large number of cases where
criminal ... civil law can run side by side. The
two remedies are not mutually exclusive but clearly
coextensive and essentially differ in their content
and consequence
this Court summed up the distinction between
the two remedies as under:
"21. ... There are a large number of cases where
criminal ... civil law can run side by side. The
two remedies are not mutually exclusive but clearly
coextensive and essentially differ in their content
and consequence
this Court summed up the distinction between
the two remedies as under:
"21. ... There are a large number of cases where
criminal ... civil law can run side by side. The
two remedies are not mutually exclusive but clearly
coextensive and essentially differ in their content
and consequence
this Court summed up the distinction between the two
remedies as under:
"21. ... There are a large number of cases where
criminal ... civil law can run side by side. The two
remedies are not mutually exclusive but clearly coextensive
and essentially differ in their content and consequence
instalment or any advance or breach of agreement, the Corporation has two remedies available to it against defaulting industrial concern, one under Section ... whatever stage those proceedings may be. The Corporation cannot simultaneously pursue two remedies at the same time. The reach and scope of the two remedies
petition under Article 227 of the
Constitution when the respondent had two remedies
statutorily available to him. First is that the
respondent could have approached ... open to the respondent to opt
either of the two remedies, contended the Senior
Counsel.
10. Section 104 of the Code says that
compromise on the basis of fraud, undue influence or coercion, has two remedies open to him firstly by filling a suit, secondly, making an application ... below has erred in bolding to the contrary.
19. Coming to the two decisions cited by Mr. Krishna Murthy, it has to be mentioned that
appropriate recovery proceedings in a civil court and that the two remedies are not mutually exclusive. This argument advanced is not only tenable but correct
