proviso to
section 34(3) and at best, prosecution before a wrong forum can be
considered as a sufficient cause for explaining the delay ... further held that the period of pendency of proceedings before the wrong
forum could not be excluded while computing the period of limitation by
applying
limitation in cases of mistaken remedy or selection of a
wrong forum. On reading Section 14 of the Act it becomes
clear that the legislature ... give relief to a litigant who had
approached the wrong forum. No canon of construction of a
statute is more firmly established than this that
appears the respondent No.1, was
proceeding before a wrong forum to establish its
stand that the decree obtained by the appellant was
a nullity ... fact that he had been pursuing his claim before the
wrong forum.
26. We, therefore, allow the appeal and set aside
the impugned order
complainant.
30
24. The District Forum, the State Commission and the National
Commission committed a serious error in wrongly assuming that
agreements of this nature ... obtain it. If it is wrongly withheld,
he may have to approach the appropriate court or other forum to secure it. If
it is justifiably
same question over
again even though the determination may even be
demonstratedly wrong. When the proceedings have
attained finality, parties are bound by the judgment ... directed to showing that the
issue was wrongly determined. Their only remedy is
to approach the higher forum if available. The
determination of the issue
agreement with Mr. Rai and we feel that both the forums below took a wrong view of the
matter and that loss of dependency should
offered possession in
1994 and again in May 1998. The District Forum by its
order dated 10.8.1999 accepted the contention of the
respondent that there ... appeal. It assumed that District Forum had
awarded interest at the rate 15% per annum and there was
nothing wrong in it. During the pendency
guides of those who decide.
Wrong must not be left unredeemed and right
not left unenforced. Forum ought to be revealed
when it does
learned counsel for the appellants
contended that the High Court was wholly wrong
in entertaining a petition under Article 226 of
the Constitution ... Court
ought to have directed the writ petitioners to
approach an appropriate forum. Moreover, no
action of retrenchment of employees had been
taken
candidates as assessed by the court, the High
Court went wrong and exceeded its jurisdiction."
In H.B. Gandhi, Excise and Taxation Officer ... assailed was the
correctness of findings as if before an appellate
forum. Judicial review, it is trite, is not directed
against the decision
