Search Results for Tag : Alternative Remedy

News

Calcutta HC: Writ Petition Not Maintainable as Alternative Remedy for Challenge to GST Order(30.12.2021)

Calcutta High Court has held that the writ petition not maintainable as statutory alternative remedy available for challenging Goods and Services Tax .....

Tags : Calcutta High Court, Alternative Remedy for Challenge to GST Order

MP HC: Alternative Remedy Not Absolute Bar to Examine Conditions to Issue Reassessment Notice(03.03.2023)

Madhya Pradesh High Court while staying the reassessment proceedings and admitting them for final hearing, has held that alternative remedy will not o.....

Tags : Madhya Pradesh High Court, Reassessment Notice, Alternative Remedy

Gau. HC: Party Can Invoke Arbitration Despite Alternative Remedy Available Under RERA Act(14.06.2024)

Gauhati High Court has held that the Arbitration and Conciliation Act, 1996 is not inconsistent or in derogation of the RERA Act. Thus, arbitration ca.....

Tags : Gauhati High Court, Alternative Remedy, RERA Act

Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)

Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....

Tags : Writ Jurisdiction, Alternative Remedy, Article 226

Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)

Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....

Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy

Supreme Court: Can’t Use Power of Contempt Jurisdiction to Execute Order(12.12.2024)

Supreme Court has stated that the weapon of contempt proceedings cannot be used for execution of the decree or implementation of an order for which al.....

Tags : Supreme Court, Contempt Proceedings, Alternative Remedy

SC: High Courts Shouldn’t Writ Petitions Filed Bypassing Statutory Alternative Remedies(23.09.2022)

Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is .....

Tags : Supreme Court, Writ Jurisdiction, Alternative Remedy

SC Disapproves HC Practice Allowing Pleas in SARFAESI Cases Without Exhausting Alternative Remedy(17.11.2022)

Supreme Court has disapproved the high courts’ practice of entertaining writ petitions filed in SARFAESI matters without exhausting the alternative st.....

Tags : Supreme Court, SARFAESI, Alternative Remedy

Judgments

Dispute regarding election cannot be entertained by present Court in view of alternative and efficacious remedy available(21.05.2019)

The Petitioner has challenged the list of the nomination paper prepared by Respondent No. 5, whereby the candidature and nomination of the Petitioner .....

Tags : Nomination, Rejection, Alternative remedy

When a statutory form is created by law for redressal of grievance, a writ petition cannot be entertained ignoring the statutory dispensation(01.01.2021)

The instant petition has been filed for the issuance of a writ in the nature of mandamus under Article 226 of the Constitution of India, 1950 directin.....

Tags : Writ petition, Maintainability, Alternative remedy

No interference is warranted invoking writ jurisdiction of present Court, when a statutory remedy of appeal is available(15.03.2021)

The Petitioner has filed present writ petition under Article 226 of the Constitution of India, 1950 seeking a writ of certiorari to quash proceedings .....

Tags : Proceedings, Alternative remedy, Availability

Auction purchaser can challenge the action of forfeiting it’s deposit by secured creditor before DRT(27.11.2017)

The present appeal is filed against the final judgment passed by the Delhi High Court whereby the Division Bench of the High Court had dismissed the a.....

Tags : Alternative Remedy, SARFAESI Act, DRT