applied in resolving a conflict between two
different Acts and two provisions in the
Constitution added by two different
Constitutions Amendment Acts ... when the two provisions deal with
remedies, for validity of plural remedies cannot
be doubted. Even if the two remedies happen to
be inconsistent, they
seek condonation of delay.
The High court pointed out that two remedies have to be pursued
simultaneously and cannot be converted into consecutive
remedies ... remedies provided as simultaneous
and cannot be converted into consecutive remedies.”
14. The above observation of the High Court that “the remedies
provided as simultaneous
event, there is no repugnancy
nor inconsistency between the two remedies, therefore, the doctrine
of election has no application."
18. The Doctrine of Election ... suggests that when two
remedies are available for the same relief, the party to whom
the said remedies are available has the option to elect
event, there is no repugnancy
nor inconsistency between the two remedies, therefore, the doctrine
of election has no application."
18. The Doctrine of Election ... suggests that when two
remedies are available for the same relief, the party to whom
the said remedies are available has the option to elect
event, there is no repugnancy
nor inconsistency between the two remedies, therefore, the doctrine
of election has no application."
18. The Doctrine of Election ... suggests that when two
remedies are available for the same relief, the party to whom
the said remedies are available has the option to elect
suit against the respondent therefore, he cannot be
permitted to pursue two remedies simultaneously.
9. Shri Vishal Lashkari, learned counsel for the respondent ... binding on
him. Therefore, he is not permitted to pursue two remedies
simultaneously. Had he not filed the suit to challenge the judgment
and decree
Vinubhai Haribhai Malaviya vs The State Of Gujarat on 16 October, 2019
Equivalent citations: AIR
amounts and to winding up of the company are
two wholly distinct and independent remedies. It is not
necessary that every petition under Section ... remedy of recovery against the
company continues to run. The two remedies are not
alternative remedies. More often than not, as a matter of
abundant
When an ex-parte decree is passed, the defendant has two
remedies – (a) Either to file an application under Order IX Rule ... defendant against whom an ex-parte decree is passed,
has two options. First option is to file an application under Order IX
Rule
further investigation and submit the report. In such a situation,
only two remedies are available: (i) a revision application can be
filed against the discharge
