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Tag: Reportable Judgement or Order

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000

Posted on October 21, 2022 by ShadesOfKnife

A division bench of Apex Court passed guidelines while disposing the appearance of the petitioners u/s 205 CrPC.

7. Consequentially, we quash the order of the High Court dated 3.10.1996. However, we hasten to add that this order of ours is passed without prejudice to the right of the respondents to move the trial court for discharge. We are disposed to afford some more reliefs to the respondents. We notice that among the respondent some of them are ladies. So, if any of the respondents would apply before the trial court for exempting them from personal appearance the trial court shall exempt them from personal appearance on the following conditions:

1. He or she would not dispute his or her identity as the particular accused mentioned in the charge sheet.
2. A counsel on their behalf would be present in the court whenever the case is taken up.
3. They would be present in the court on the date when such presence becomes imperatively needed.

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (IK Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (CM Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (LD Ver)

R Annapurna Vs Ramadugu Anantha Krishna Sastry on 09 Aug 2000 (CK Ver)

Citations: [2000 ACR SC 3 2522], [2000 JT SC 10 479], [2002 SCC 10 401], [2001 AIR SC 0 2308], [2001 AIR SCW 2308]

Other Sources:

https://indiankanoon.org/doc/1021734/

https://www.casemine.com/judgement/in/5609ad69e4b014971141155c

https://legaldata.in/court/read/803964

https://www.courtkutchehry.com/Judgement/Search/t/301443-r-annapurna-vs-ramadugu-anantha


Index here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Not Authentic copy hence to be replaced R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors Reportable Judgement or Order | Leave a comment

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Posted on October 18, 2022 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows:

From Para 4,

4. The present case concerns an application made by the petitioner before the trial Court seeking release of his passport on the ground that the son of the petitioner studies in a school at Paris – Sports Etudes Concept and was attending classes virtually. Since classes have now started physically, the
petitioner wanted to accompany his son for getting him admitted in the school. This application is rejected by the trial Court. It is the rejection of the application that is called in question in the present proceedings. Therefore, these proceedings concern with the rejection of release of passport of the petitioner and not any other issue that is pending in plethora of cases between the parties.
6. Learned senior counsel Sri Ashok Haranahalli would submit that several proceedings between the parties are pending consideration. The Apex Court has stayed all further proceedings in other cases. The case at hand is not an offshoot of those cases, but an independent case of an application, where the passport of the petitioner is seized, not impounded by the police and there is grave urgency for the petitioner to leave the country and get his son admitted to the school at France.

And then

17. It is not in dispute that the petitioner is facing criminal proceedings before the competent criminal Court and the Police after investigation have also filed charge sheet in the matter in which, the petitioner is arrayed as Accused No.10. Therefore, it is not a case where the passport of the petitioner cannot even be seized or impounded, but, by whom is the question.
18. The Passport Act is a special enactment and is trite that it being a special enactment would prevail over Section 102 or Section 104 of the Cr.P.C., which empower the Police to seize and the Court to impound any document. Impounding of any document produced before the Court cannot stretch to an extent that it can impound the passport. Therefore, the deposit of passport before the Court or passport being held before the Police, both will become without authority of law. The further observation of the Court that it would be in its custody till conclusion of trial is, clearly on the face of it, without authority of law, as it would amount to impounding the passport. This very issue fell for consideration before the Apex Court in the case of SURESH NANDA v. CBI

The Apex Court dealt with the very issue as to who would be the Authority to impound the passport. The Apex Court holds that neither the Police nor the Court invoking powers under Section 102 or Section 104 of the Cr.P.C. can seize or impound a passport. Impounding of a passport is by the Authority vested under the Act as depicted therein. It is not in dispute that the Authority under the Act is not even made aware of seizure or retention of the passport by the Police or before the Court.

From Para 24,

21. The power of impounding a document under Section 104 of the Cr.P.C. is available to a Court. This cannot stretch to an extent of impounding the passport. The passport coming within the purview of the Act and it being a special law would prevail over the provisions of Section 104 of the Cr.P.C. The Court can impound any document, but not the passport as it is dealt with under a special enactment. The power of impounding is available only to the Competent Authority under the Act, in terms of Section 10 of the Act. Wherefore, the order rejecting the release of passport by the Court observing that it is held in safe custody till the conclusion of the trial is unsustainable. Therefore, the petitioner becomes entitled for release of passport in his favour, as right to hold a passport and travel is, without doubt, held to be a fundamental right in plethora of judgments.

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Citations:

Other Sources:

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Passports Act - Sec 10(3)(e) Praveen Surendiran Vs State of Karnataka and Anr Reportable Judgement or Order Suresh Nanda vs C.B.I. | Leave a comment

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Posted on October 16, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows, while referring to importance of quality of reasoned orders/judgments.

From Paras 15 and 16,

15. Judicial determination has to be seen as an outcome of a reasoned process of adjudication initiated and documented by a party based, on mainly events which happened in the past. Courts’ clear reasoning and analysis are basic requirements in a judicial determination when parties demand it so that they can administer justice justly and correctly, in relation to the findings on law and facts. Judicial decision must be perceived by the parties and by the society at large, as being the result of a correct and proper application of legal rules, proper evaluation of the evidence adduced and application of legal procedure. The parties should be convinced that their case has been properly considered and decided. Judicial decisions must in principle be reasoned and the quality of a judicial decision depends principally on the quality of its reasoning. Proper reasoning is an imperative necessity which should not be sacrificed for expediency. The statement of reasons not only makes the decision easier for the parties to understand and many a times such decisions would be accepted with respect. The requirement of providing reasons obliges the judge to respond to the parties’ submissions and to specify the points that justify the decision and make it lawful and it enables the society to understand the functioning of the judicial system and it also enhances the faith and confidence of the people in the judicial system.
16. We are sorry to say that the judgment in question does not satisfy the above standards set for proper determination of disputes. Needless to say these types of orders weaken our judicial system. Serious attention is called for to enhance the quality of adjudication of our courts. Public trust and confidence in courts stem, quite often, from the direct experience of citizens from the judicial adjudication of their disputes.

State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors on 16 Aug 2011

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Reportable Judgement or Order State of Uttaranchal and Anr Vs Sunil Kumar Vaish and Ors | Leave a comment

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Posted on October 2, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 15,

15. In this background, we find that the appellant was a necessary party to the proceedings before the High Court. The present appeal deserves to be allowed on this short ground. However, there is another more serious ground on which the present appeal deserves to be allowed.

From Para 21,

21. This Court, in the case of S.P. Chengalvaraya Naidu (Dead) By LRs. Vs. Jagannath (Dead) by LRs and others8 has held that non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud. It has been held that the judgment or decree obtained by fraud is to be treated as a nullity. We find that respondent No.9 has not only suppressed a material fact but has also tried to mislead the High Court. On this ground also, the present appeal deserves to be allowed.

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Ram Kumar Vs State of UP and Ors Reportable Judgement or Order S.P Chengalvaraya Naidu Vs Jagannath | Leave a comment

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Posted on September 15, 2022 by ShadesOfKnife

A Full Bench of the Apex Court held as follows regarding a query, whether a PoA Holder can file a complaint u/s 200 CrPC in a NI Act case.

From Para 26,

26) While holding that there is no serious conflict between the decisions in MMTC (supra) and Janki Vashdeo Bhojwani (supra), we clarify the position and answer the questions in the following manner:
(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.
(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint.
However, the power of attorney holder must have witnessed the transaction as an agent of the payee/holder in due course or possess due knowledge regarding the said transactions.
(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.
(iv) In the light of section 145 of N.I Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of the N.I Act and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present before the Court, nor to examine the complainant of his witness upon oath for taking the decision whether or not to issue process on the complaint under Section 138 of the N.I. Act.
(v) The functions under the general power of attorney cannot be delegated to another person without specific clause permitting the same in the power of attorney. Nevertheless, the general power of attorney itself can be cancelled and be given to another person.

A.C.Narayanan Vs State of Maharashtra and Anr on 13 Sep 2013

Citations: [2014 ALT CRL AP 1 44], [2013 SCALE 11 360], [2013 KERLT 4 21], [2014 AIR SC 630], [2014 CALLT SC 1 53], [2014 PLJR 1 216], [2013 OLR 2 884], [2013 BC 4 212], [2013 CTC 5 560], [2014 SCC 11 790], [2013 CLA SC 117 4], [2013 COMPCAS SC 180 258], [2014 AKR 1 314], [2013 KLJ 4 279], [2014 LW 1 698], [2013 PLR 4 733], [2013 NCC 2 854], [2014 ALD CRL SC 1 649], [2013 KHC 3 885], [2013 WLN SC 4 25], [2013 ALLCC 83 583], [2014 LW CRL 1 154], [2014 SCC CIV 4 343], [2013 SUPREME 6 705], [2014 CRLJ SC 576], [2013 AIOL 611], [2013 JT 12 524], [2013 SLT 8 133], [2014 DCR SC 1 135], [2013 SCC ONLINE SC 839], [2013 AIC 131 160], [2014 ECRN 1 486], [2013 BOMCR CRI SC 4 307], [2013 JCC NI SC 4 214], [2013 RCR CIVIL SC 4 382], [2014 JLJR SC 1 48], [2013 BOMCR SC 6 424], [2013 RCR CRIMINAL SC 4 306], [2013 ALLMR CRI SC 4048], [2013 MLJ CRL 4 213]

Other Sources:

https://indiankanoon.org/doc/47858029/

https://www.casemine.com/judgement/in/5609af2ae4b0149711415b31

https://www.legalauthority.in/judgement/a-c-narayanan-vs-state-of-maharashtra-4779

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision A.C.Narayanan Vs State of Maharashtra and Anr Catena of Landmark Judgments Referred/Cited to CrPC 200 - Examination Of Complainant Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Reportable Judgement or Order | Leave a comment

State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022

Posted on August 25, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 10,

10. The judgment of the Division Bench of the High Court of Himachal Pradesh is incomprehensible. This Court in appeal found it difficult to navigate through the maze of incomprehensible language in the decision of the High Court. A litigant for whom the judgment is primarily meant would be placed in an even more difficult position. Untrained in the law, the litigant is confronted with language which is not heard, written or spoken in contemporary expression. Language of the kind in a judgment defeats the purpose of judicial writing. Judgment writing of the genre before us in appeal detracts from the efficacy of the judicial process. The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High Courts and the Supreme Court also serve as precedents to guide future benches. A judgment must make sense to those whose lives and affairs are affected by the outcome of the case. While a judgment is read by those as well who have training in the law, they do not represent the entire universe of discourse. Confidence in the judicial process is predicated on the trust which its written word generates. If the meaning of the written word is lost in language, the ability of the adjudicator to retain the trust of the reader is severely eroded.
11. We are constrained to remit the proceedings back to the High Court for consideration afresh. The judgment of the High Court is simply incomprehensible leaving this Court with no option than to remand the proceedings. The High Court must appreciate the delay and expense occasioned as a consequence and must make an effort to record reasons which are understood by all stake-holders.

From Para 13,

13. Amidst an overburdened judicial docket, a view is sometimes voiced that parties are concerned with the outcome and little else. This view proceeds on the basis that parties value the outcome and not the reasoning which constitutes the foundation. This view undervalues the importance of the judicial function and of the reasons which are critical to it. The work of a judge cannot be reduced to a statistic about the disposal of a case. Every judgment is an incremental step towards consolidation and change. In adhering to precedent, the judgment reflects a commitment to protecting legal principle. This imparts certainty to the law. Each judgment is hence a brick in the consolidation of the fundamental precepts on which a legal order is based. But in incremental steps a judgment addresses the need to evolve and to transform by addressing critical issues which confront human existence. Courts are as much engaged in the slow yet not so silent process of bringing about a social transformation. How good or deficient they are in that quest is tested by the quality of the reasons as much as by the manner in which the judicial process is structured.

From Paras 16, 17 and 18,

16. A judgment culminates in a conclusion. But its content represents the basis for the conclusion. A judgment is hence a manifestation of reason. The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn. That is why reasons are crucial to the legitimacy of a judge’s work. They provide an insight into judicial analysis, explaining to the reader why what is written has been written. The reasons, as much as the final conclusion, are open to scrutiny. A judgment is written primarily for the parties in a forensic contest. The scrutiny is first and foremost by the person for whom the decision is meant – the conflicting parties before the court. At a secondary level, reasons furnish the basis for challenging a judicial outcome in a higher forum. The validity of the decision is tested by the underlying content and reasons. But there is more. Equally significant is the fact that a judgment speaks to the present and to the future. Judicial outcomes taken singularly or in combination have an impact upon human lives. Hence, a judgment is amenable to wider critique and scrutiny, going beyond the immediate contest in a courtroom. Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law. Judgment writing is hence a critical instrument in fostering the rule of law and in curbing rule by the law.
17. Judgment writing is a layered exercise. In one layer, a judgment addresses the concerns and arguments of parties to a forensic contest. In another layer, a judgment addresses stake-holders beyond the conflict. It speaks to those in society who are impacted by the discourse. In the layered formulation of analysis, a judgment speaks to the present and to the future. Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue. If a judgment does not measure up, it can be critiqued and criticized. Behind the layers of reason is the vision of the adjudicator over the values which a just society must embody and defend. In a constitutional framework, these values have to be grounded in the Constitution. The reasons which a judge furnishes provides a window – an insight – into the work of the court in espousing these values as an integral element of the judicial function.
18. Many judgments do decide complex questions of law and of fact. Brevity is an unwitting victim of an overburdened judiciary. It is also becoming a victim of the cut-copy-paste convenience afforded by software developers. This Court has been providing headings and sub-headings to assist the reader in providing a structured sequence. Introduced and popularized in judgment writing by Lord Denning, this development has been replicated across jurisdictions.

From Paras 20, 21, 22, 23 and 24,

20. It is also useful for all judgments to carry paragraph numbers as it allows for ease of reference and enhances the structure, improving the readability and accessibility of the judgments. A Table of Contents in a longer version assists access to the reader.
21. On the note of accessibility, the importance of making judgments accessible to persons from all sections of society, especially persons with disability needs emphasis. All judicial institutions must ensure that the judgments and orders being published by them do not carry improperly placed watermarks as they end up making the documents inaccessible for persons with visual disability who use screen readers to access them. On the same note, courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. They should not be scanned versions of printed copies. The practice of printing and scanning documents is a futile and time-consuming process which does not serve any purpose. The practice should be eradicated from the litigation process as it tends to make documents as well as the process inaccessible for an entire gamut of citizens.
22. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the “Issue, Rule, Application and Conclusion‟ are easily identifiable. The well-renowned “IRAC‟ method generally followed for analyzing cases and structuring submissions can also benefit judgments when it is complemented by recording the facts and submissions.
23. The “Issue” refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment. The „Rule‟ refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the “Application‟ section.
24. Finally, it is always useful for a court to summarize and lay out the “Conclusion‟ on the basis of its determination of the application of the rule to the issue along with the decision vis-à-vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case.

Finally from Para 27,

27. While we have laid down some broad guidelines, individual judges can indeed have different ways of writing judgments and continue to have variations in their styles of expression. The expression of a judge is an unfolding of the recesses of the mind. However, while recesses of the mind may be inscrutable, the reasoning in judgment cannot be. While judges may have their own style of judgment writing, they must ensure lucidity in writing across these styles.

State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed Judiciary Antics Reportable Judgement or Order State Bank of India and Anr Vs Ajay Kumar Sood | Leave a comment

CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022

Posted on August 15, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 20,

20. It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.

Note: If only such illegally obtained benefits are legally reimbursed to the payer!

CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors on 07 Apr 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CMD Fertilizer Corporation of India Ltd and Anr Vs Rajesh Chandra Shrivastava and Ors Reportable Judgement or Order | Leave a comment

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019

Posted on July 28, 2022 by ShadesOfKnife

A constitution bench of Apex Court held as follows:

From Para 59,

59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of
medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019 Para 59

Citations : [2019 SCC ONLINE SC 1459]

Other Sources :

https://indiankanoon.org/doc/101637927/

https://www.casemine.com/judgement/in/5dcc51443321bc4f5eaf25b5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Catena of Landmark Judgments Referred/Cited to CPIO SCI Vs Subhash Chandra Agarwal Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Information | Leave a comment

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Posted on July 24, 2022 by ShadesOfKnife

A division bench of Supreme Court held as follows,

From Para 15,

15. Before discussing the fact proposition, we would notice the principle of law as laid down by this Court. It is settled law that non-entertainment of petitions under writ jurisdiction by the High Court when an efficacious alternative remedy is available is a rule of self-imposed limitation. It is essentially a rule of policy, convenience and discretion rather than a rule of law. Undoubtedly, it is within the discretion of the High Court to grant relief under Article 226 despite the existence of an alternative remedy. However, the High Court must not interfere if there is an adequate efficacious alternative remedy available to the petitioner and he has approached the High Court without availing the same unless he has made out an exceptional case warranting such interference or there exist sufficient grounds to invoke the extraordinary jurisdiction under Article 226. (See: State of U.P. vs. Mohammad Nooh, AIR 1958 SC 86; Titaghur Paper Mills Co. Ltd. vs. State of Orissa, (1983) 2 SCC 433; Harbanslal Sahnia vs. Indian Oil Corpn.
Ltd., (2003) 2 SCC 107; State of H.P. vs. Gujarat Ambuja Cement Ltd., (2005) 6 SCC 499).
16. The Constitution Benches of this Court in K.S. Rashid and Sons vs. Income Tax Investigation Commission, AIR 1954 SC 207; Sangram Singh vs. Election Tribunal, Kotah, AIR 1955 SC 425; Union of India vs. T.R. Varma, AIR 1957 SC 882; State of U.P. vs. Mohd. Nooh, AIR 1958 SC 86 and K.S. Venkataraman and Co. (P) Ltd. vs. State of Madras, AIR 1966 SC 1089 have held that though Article 226 confers a very wide powers in the matter of issuing writs on the High Court, the remedy of writ absolutely discretionary in character. If the High Court is satisfied that the aggrieved party can have an adequate or suitable relief elsewhere, it can refuse to exercise its jurisdiction. The Court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or procedure required for decision has not been adopted.
(See: N.T. Veluswami Thevar vs. G. Raja Nainar, AIR 1959 SC 422; Municipal Council, Khurai vs. Kamal Kumar, (1965) 2 SCR 653; Siliguri Municipality vs. Amalendu Das, (1984) 2 SCC 436; S.T. Muthusami vs. K. Natarajan, (1988) 1 SCC 572; Rajasthan SRTC vs. Krishna Kant, (1995) 5 SCC 75; Kerala SEB vs. Kurien E. Kalathil, (2000) 6 SCC 293; A. Venkatasubbiah Naidu vs. S. Chellappan, (2000) 7 SCC 695; L.L. Sudhakar Reddy vs. State of A.P., (2001) 6 SCC 634; Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha vs. State of Maharashtra, (2001) 8 SCC 509; Pratap Singh vs. State of Haryana, (2002) 7 SCC 484 and GKN Driveshafts (India) Ltd. vs. ITO, (2003) 1 SCC 72).

From Para 19,

19. Thus, while it can be said that this Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice, the proposition laid down in Thansingh Nathmal case, Titagarh Paper Mills case and other similar judgments that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Citations : [2013 AD SC 8 620], [2013 CTR SC 261 113], [2013 ITR SC 357], [2013 JLJR 4 35], [2013 JT SC 11 387], [2013 PLJR 4 179], [2013 SCALE 10 326], [2014 SCC 1 603], [2013 TAXMAN SC 217 143], [2013 SCC ONLINE SC 717], [2013 TAXMANNCOM SC 36]

Other Sources :

https://indiankanoon.org/doc/51987756/

https://www.casemine.com/judgement/in/5609af2ce4b0149711415ba2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998

Posted on July 23, 2022 by ShadesOfKnife

Landmark judgment from a division bench of the Apex Court.

From Paras 14 and 15,

14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for “any other purpose”.
15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has 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 alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case- law on this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998 (CM Ver)

Citations : [1998 SCC 8 1], [1999 AIR SC 22], [1998 AIR SC 3345], [1999 BOMCR SC 2 70], [1998 JT 7 243], [1998 SCALE 5 655], [1998 SUPREME 8 176], [1998 AIR SCW 3345]

Other Sources :

https://www.casemine.com/judgement/in/575fd361607dba63d7e6e044

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Reportable Judgement or Order Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors | Leave a comment

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10 Jul

Women in the Yao village of China are famous for having the Longest hair in the World averaging 6 feet long. Women in their 80s still don't have a Single grey hair!! Their secret is Fermented Rice water. Watch How they make & use it 🍚🌾💧

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ani ANI @ani ·
12 Jul

Promo | ANI Podcast with R.V.S. Mani, Former Under Secretary, Ministry of Home Affairs, Premieres Today at 5 PM IST

"Narendra Modi and Amit Shah Were the Targets in the Ishrat Jahan Case."

"None of the Files Had the Term 'Hindu Terror' Until 2010."

"Digvijaya Singh Asked Me to

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kolla_ch1 చైతన్య కొల్లా @kolla_ch1 ·
11 Jul

రాష్ట్రం మీద పడి.. అడ్డ గాడిదల్లా... అడ్డ దిడ్డంగా పడి దోచుకున్న అడ్డమైన ఎదవలకు ఊడిగం చేస్తూ

డెలివరీ బాయ్ లను అవమానపర్చే

ఆ నెల తక్కువ సన్నాసి మొహాన కొట్టండయ్యా దీన్ని 🤷‍♂️

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shunyta_007 𝐒ɦυ𐓣𝗒𝗍α @shunyta_007 ·
12 Jul

Observation Skills 🔥

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