Search Results for "Alternate Remedies"

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Supreme Court Quashes FIR in Fraud Case Due to Non-Exhaustion of Alternative Remedies. High Court's Direction to Register FIR Without Prior Recourse to Statutory Remedies Held Illegal Under Article 226 of the Constitution of India.

The Supreme Court considered appeals against an interim order of the Bombay High Court directing police to record the statement of the Director of the...

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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

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Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

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Bombay High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedy in Tax Dispute. Petitioner failed to establish violation of natural justice warranting departure from rule of exhaustion of alternate remedies.

The petitioner, Apex Iron (India) Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challen...

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Bombay High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedy in GST Tax Dispute. Petitioner Relegated to Appeal Against Orders of Assistant Commissioner of State Tax Under Relevant GST Provisions.

The petitioner, Zoomcar India Private Limited, filed a writ petition challenging two orders dated 3 July 2024 passed by the Assistant Commissioner of ...

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Supreme Court Dismisses Appeal in Consumer Dispute Over Telecom Service Provider Jurisdiction - Section 7B of Indian Telegraph Act, 1885 Does Not Bar Consumer Forums from Adjudicating Disputes with Private Service Providers Under Consumer Protection Act, 1986.

The civil appeal originated from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 26 May 2016, which affirmed the juris...

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Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...