Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act
Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.
Alternative Remedy
Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide
“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”
Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court
The Madhya Pradesh High Court held that alternative remedy is not absolute bar for examining conditions to issue reassessment notice and admitted the petitions for the final hearing.
Delhi High Court dismisses PIL seeking a direction to conduct a “Special Audit” of all the financial affairs of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School (New Delhi) Society
The DSG Management Committee and the GHPS Society are formed and governed by the DSG Act, a central piece of legislation, which has no provision for conducting an audit by the CAG.
Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court
The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.
Orissa HC decides on maintainability of writ of habeas corpus vis-à-vis custody of minor child
Orissa High Court: A Division Bench of SK Sahoo and M S Raman, JJ. disposed of the petition leaving the petitioner with
Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition
Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination
Kar HC | Stay granted against Canara Bank taking possession of property till petitioner avails remedy under SARFAESI
Karnataka High Court: B. Veerappa, J. while disposing of this petition directed that the impugned order should not be given effect to.
SA HC | Nelson Mandela Bay Municipality not obligated to resolve applicant’s written objection as latter failed to demonstrate it as right
South Africa High Court, Eastern Cape Local Division, Port Elizabeth: G.H. Bloem, J. while dismissing the application suggested an alternative remedy to
Jhar HC | Writ Petition under Art. 226 dismissed on ground of availability of an alternative remedy
Jharkhand High Court: Sujit Narayan Prasad, J, dismissed the writ petition on the ground of availability of alternative remedy. In the pertinent case,
MP HC | Writ of mandamus cannot be issued for compelling police to perform a statutory duty under S. 154 CrPC without availing all other alternative remedies prescribed in CrPC
Madhya Pradesh High Court: G.S. Ahluwalia, J., dismissed a petition filed under Article 226 Constitution of India to direct the respondents to
Utt HC | Precondition of appeal under CGST Act must be payment of the demanded tax and 10% of the disputed amount
Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and Alok Kumar Verma, J. entertained a special appeal filed against the
Utt HC | Petitioner declined police protection where efficacious and alternative remedy was available
Uttaranchal High Court: A Division Bench of Alok Singh and N.S. Dhanik, JJ. dismissed a writ petition filed by the 66-year-old petitioner,
Pat HC | When order is violative of principles of natural justice, plea of alternative remedy would not bar exercise of jurisdiction under Article 226
Patna High Court: The Bench of Madhuresh Prasad, J., allowed the writ petition which was filed against the act of arbitrary stoppage
Relief under Articles 226 and 227 of the Constitution not available if efficacious alternative remedy present
Meghalaya High Court: This petition was filed before a Single Judge Bench comprising of Mohammad Yaqoob Mir, CJ, under Article 227 of