Alternate remedy
SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council
The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.
Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?
Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
If a High Court converts itself into Executing Court it will be flooded with writ petitions to execute arbitral awards: SC
Supreme Court: While adjudicating an appeal relating to arbitration, the Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that
Karnataka High Court | Writ petition by XIAOMI India premature when alternate remedy available under S. 37 FEMA, 1999 left unattended
Karnataka High Court: S G Pandit, J. declared the present writ petition filed by XIAOMI India under Article 226 of
MP HC │ Not obligatory for the Court to entertain writ petition when efficacious alternative remedy is available
Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Prakash Chandra Gupta, JJ., disposed of a petition reserving liberty to
Extraordinary writ jurisdiction is to be exercised only in rare cases or certain contingencies in the interest of justice, including exceptional cases: Del HC
Delhi High Court: Chandra Dhari Singh, J., expressed that it is settled law that the power to issue writ has its own
“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction
Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by
Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies
Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.
When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains
“The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.”
Explained: Rule of alternate remedy and maintainability of writ petitions under Article 226 of the Constitution
“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”
Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act
The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.
Del HC | If a petition involving industrial dispute has no ‘exceptional circumstances ‘ but does have statutory remedy available, can it still be entertained by Court? HC discusses SC’s principles
Delhi High Court: J.R. Midha, J., while addressing the present petition observed the principle laid down by the Supreme Court of India with
P&H HC | Court declines to entertain writ petition, directs petitioner to seek alternate remedy available under the Agreement
Punjab and Haryana High Court: The Division Bench of Dr S. Muralidhar and Avneesh Jhingan, JJ., dismissed the instant petition upon discovery
Ker HC | Court entertains Art. 226 petition for last and final indulgence where alternate remedy under SARFAESI Act available
Kerala High Court: Raja Vijayaraghavan V., J., disposed of this writ petition filed under Article 226 of the Constitution of India. The
All HC | Writ petitions should be selectively entertained especially when the alternative remedy is available
Allahabad High Court: A Division Bench of Pankaj Naqvi and Suresh Kumar Gupta, JJ., while disposing of this petition directed the complainant
SC| Court should refrain from giving finding on merit while relegating matter to the statutory remedy
Supreme Court: In an appeal against the order where the Madras High Court had after giving detailed findings on merits, relegated to
MP HC | Court refuses to exercise writ jurisdiction in light of alternate remedy of appeal before STAT
Madhya Pradesh High Court: An application filed before a Bench of Sheel Nagu, J., by petitioner for grant of permit for the
MP HC| Court has no jurisdiction under Article 226 of the Constitution of India if alternate remedies available
Madhya Pradesh High Court: Petitioner had filed this petition before a Bench of Subodh Abhyankar, J., under Article 226 of the Constitution
MP HC | Petition against order of office bearer of society cannot be filed in case if alternate remedy available
Madhya Pradesh High Court: This petition was filed before a Bench of Subodh Abhyankar, J., under Article 226 of the Constitution of