Search Results for Tag : Alternate Remedy

Judgments

Aggrieved parties cannot challenge SARFAESI proceedings directly by filing a writ petition without exhausting appeal remedy available to them(22.08.2019)

The Petitioner is a borrower, who has taken a loan from United Bank of India. The Petitioner defaulted in repaying the said loan, hence, notice was is.....

Tags : Notice, Validity, Alternate remedy

If borrower is aggrieved by any of the actions of the private bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition is maintainable(12.01.2022)

The original Respondent - the Assets Reconstructing Company (ARC) has preferred the present appeals against the impugned order passed by the High Cour.....

Tags : Writ petition, Maintainability, Alternate remedy

Party can approach Apex Court under Article 136 of Constitution, only if, the order was passed by NCDRC in exercise of its original jurisdiction(26.07.2023)

Present petition seeking leave to appeal under Article 136 of the Constitution, 1950 is at the instance of Universal Sompo General Insurance Company L.....

Tags : Alternate remedy, Procedure, Jurisdiction

When there are disputed question of facts involved in a case, High Court should not exercise its jurisdiction under Article 226 of Constitution(02.08.2023)

The Petitioners before present Court have preferred the instant writ petition claiming compensation from the Respondents due to alleged mismanagement .....

Tags : Compensation, Negligence, Alternate remedy

News

SC: Inherent Power U/S 151 CPC Can be Invoked Only When Alternate Remedies Don’t Exist(24.08.2022)

Supreme Court has held that inherent power under Section 151 of the Code of Civil Procedure (CPC) can be invoked only in circumstances where alternate.....

Tags : Supreme Court, CPC, Inherent Powers, Alternate Remedy

Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)

Kerala High Court has observed that although alternate remedy is not an absolute bar for filing of the writ petition, entertaining petition straight a.....

Tags : Kerala High Court, Wakf Act, Alternate Remedy

MP HC: If Alternate Remedy Available, Petitions Directing Police to Register FIR Not Maintainable(25.07.2024)

Madhya Pradesh High Court has restated that writ petitions seeking direction on police officers to register FIRs will not be maintainable if alternate.....

Tags : MP High Court, Alternate Remedy, Police Officers

Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)

Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....

Tags : Kerala High Court, Wakf Act, Alternate Remedy

SC: Court Ought Not Relegate WP to Alternate Remedy When Matter has been pending for Long(16.10.2023)

Supreme Court has held that when a writ petition has been entertained, and matter has been pending for long; in such a situation there must be a since.....

Tags : Supreme Court, Alternate Remedy, Relegate

Court is not inclined to examine the order of Special Commissioner under Article 226 of Constitution, when alternate remedy is available(04.10.2023)

The Petitioner seeks to challenge the Order passed by the Special Commissioner, affirming the Order passed by the Assistant Commissioner cancelling th.....

Tags : Licence, Cancellation, Alternate remedy

SC: Existence of an Alternate Remedy Can’t Exclude High Court’s Writ Jurisdiction(02.12.2022)

Supreme Court has held that a constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cann.....

Tags : Supreme Court, Alternate Remedy, Jurisdiction

Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction(22.09.2023)

Karnataka High Court while relying on judgment in Godrej Sara Lee Ltd vs. Excise & Taxation Officer (MANU/SC/0086/2023), has held that in all cases, t.....

Tags : Karnataka High Court, Alternate Remedy, Writ Jurisdiction