Efficacious - Year 2004 - Judgments

May 14 2004 (HC)

Ram Avtar Khandelwal Vs. Bar Council of Rajasthan and ors.

Court: Rajasthan

Decided on: May-14-2004

Reported in: AIR2004Raj259; RLW2004(4)Raj2595; 2004(3)WLC504

..... challenged the availability of the alternative remedy by way of election petition is not an efficacious remedy 9 we have considered the submissions of the learned counsel for the appellant however ..... it was submitted that remedy provided under rule 34 of the rules is not an efficacious alternative remedy and therefore the petitioner had rightly invoked the extraordinary jurisdiction of this court .....

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Feb 25 2004 (HC)

Garden Finance Ltd. Vs. Assistant Commissioner of Income Tax

Court: Gujarat

Decided on: Feb-25-2004

Reported in: (2004)188CTR(Guj)316; [2004]268ITR48(Guj)

..... imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available the high court would not normally exercise its jurisdiction but the ..... having imposed upon itself certain restrictive fetters one of which is availability of alternative and efficacious remedy would not normally exercise jurisdiction v however availability of alternative remedy per se .....

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Sep 03 2004 (HC)

Sri Sarjug @ Sarjoo Paswan Vs. Coal India Ltd. and ors.

Court: Kolkata

Decided on: Sep-03-2004

Reported in: 2005(3)CHN213,2005(2)ESC1190

..... thereon generally the writ court declines to exercise its extraordinary discretionary power when an equally efficacious alternative remedy is provided by a statute there can be no dispute that remedy ..... provided to an aggrieved workman by the industrial disputes act 1947 is an efficacious remedy provided by a special statute in the absence of compelling and extraordinary circumstances .....

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Jul 28 2004 (HC)

Oil and Natural Gas Corporation Limited Vs. City and Industrial Develo ...

Court: Mumbai

Decided on: Jul-28-2004

Reported in: 2004(4)ALLMR460; 2005(1)BomCR802

..... contractual rights arising out of an agreement particularly in view of the existence of efficacious alternative remedy the constitutional court should insist upon the party to avail of the ..... relief to a citizen under peculiar and special facts notwithstanding the existence of alternative efficacious remedy the existence of the special circumstances are required to be noticed before issuance .....

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Jul 09 2004 (HC)

Dr. B. Vamsi Pavani and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jul-09-2004

Reported in: 2004(6)ALD751

..... court another alternative institutional mechanism or arrangement for judicial review provided it is not less efficacious than the high court we summarised the constitutional position in regard to the power of ..... of the administrative tribunal so long as the administrative tribunal was not less effective or efficacious than the high court insofar as the power of judicial review is concerned the .....

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Apr 08 2004 (HC)

S. Ponnuthai Vs. P. Muthusamy

Court: Chennai

Decided on: Apr-08-2004

Reported in: AIR2004Mad450

..... injunction relief sought for restraining vendors from alienating suit property plaintiff vendee having efficacious remedy by way of suit for specific performance suit for permanent injunction not ..... alienating property property alleged to have been purchased by plaintiff under agreement equally efficacious relief can be obtained in suit for specific performance of contract injunction cannot .....

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May 20 2004 (HC)

Sri Ram Brich Muchi Vs. Coal India Ltd. and ors.

Court: Kolkata

Decided on: May-20-2004

Reported in: (2005)1CALLT388(HC),[2005(105)FLR706]

..... disputes act 1947 and as such the petitioner has an efficacious alternative remedy before a forum under the provisions of industrial ..... 1947 through a reference the employee never gets really adequate and efficacious remedy in other words if reference is made under section ..... act the employee workman will not really get adequate and efficacious remedy the same decision reported in air 1999 page 22 .....

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Mar 08 2004 (HC)

Sri Amalesh Maity Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Mar-08-2004

Reported in: (2004)2CALLT490(HC)

..... 49 high court normally does not interfere when the equally efficacious alternative remedy is available to undo any wrong or to ..... in the instant case i do not consider any equally efficacious alternative remedy was available to the petitioner particularly when the ..... alternative remedy as i have already held that no equally efficacious alternative remedy was available to the petitioner herein 53 it .....

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Mar 09 2004 (HC)

Cesc Ltd. Vs. Ito

Court: Kolkata

Decided on: Mar-09-2004

Reported in: [2004]140TAXMAN646(Cal)

..... such cases a writ court is quite competent to grant appropriate reliefs notwithstanding existence of efficacious alternative remedy see whirlpool corpn v registrar of trade marks air1999sc22 earlier in the case ..... eight years this court should not reject the application on the ground of existence of efficacious alternative remedy when the respondent has already come out with affidavit on the question .....

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Aug 05 2004 (HC)

Peico Electronics and Electricals Ltd. Vs. Deputy Commissioner of Inco ...

Court: Kolkata

Decided on: Aug-05-2004

Reported in: (2005)199CTR(Cal)407,[2005]278ITR319(Cal)

..... as regards provision of revision according to him the provision of revision is not an efficacious alternative remedy unlike the provision of appeal the power in the revisional jurisdiction is wholly ..... litigant is debarred from agitating all questions i think the revisional provision cannot be an efficacious and alternative remedy the meaning of the word alternative is clear enough to suggest that .....

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