Alternate remedy and exercise of writ jurisdiction - There can ...

Judiciary's Discretion in Writ Jurisdiction: Alternate Remedy Rule Not Absolute, Especially in Fiscal Matters Like VAT and Sales Tax.

August 3, 2019

Case Laws VAT and Sales Tax HC

Alternate remedy and exercise of writ jurisdiction - There can also be no disputation that alternate remedy rule is not an absolute rule nor it is a rule of compulsion, but it is a rule of discretion - though a self imposed restriction, same has to be applied with utmost rigour when it comes to fiscal laws

View Source

← Previous Next →

Alternate remedy and exercise of writ jurisdiction - There can ...

Judiciary's Discretion in Writ Jurisdiction: Alternate Remedy Rule Not Absolute, Especially in Fiscal Matters Like VAT and Sales Tax.

August 3, 2019

Case Laws VAT and Sales Tax HC

You may also like:

Maintainability of writ petition - gross delay in filing appeal - There are no reason to invoke the extraordinary jurisdiction under Article 226, especially since it is...

Petition maintainability hinges on alternative remedy availability. Excess tax refund due to ignorance and legal ambiguity. Supreme Court ruled that purely legal...

Maintainability of writ petition - alternate remedy of appeal - The Hon’ble Supreme Court held that the High Court ought not to have entertained the writ petition under...

The case involved a dispute over the writ jurisdiction of the High Court post privatization of (AIL) by a private corporate entity. - Erstwhile Public sector undertaking...

Alternative remedy of appeal - writ jurisdiction will be exercised only in cases of certain specific exceptions and particularly (a) lack of jurisdiction, (b) violation...

'Inter Corporate Deposits' treated to be not an ICD and a payment made regarding high seas sales in 'Indian Currency' - this Court has no difficulty in coming to the...

HC upholds maintainability of writ petition under Article 226 concerning regulatory oversight of ECL. Petitioner challenged RBI's failure to exercise statutory powers...

The High Court held that the writ petition challenging the show cause notice issued for levying GST on commission received under the Chit Funds Act is maintainable....

The High Court held that the petitioners have the option to file writ petitions challenging the orders of the Revisionary Authority either before the High Court within...

The High Court dismissed the petition and directed the petitioner to exhaust alternate remedies by fulfilling pre-deposit conditions. The court held that no case was...

Validity of order passed u/s 147 r.w.s.144B - availability of alternate statutory remedy - The High Court recognized that the arguments presented could be considered by...

Recovery of dues from third parties - no discretion ought to have been exercised in favour of the writ petitioner whose bonafide cannot be ascertained and as such, the...

Invocation of extraordinary writ jurisdiction - petitioner not entitled to exclusion of time taken in writ proceedings from limitation period for filing appeal. Abuse of...

The High Court considered the maintainability of a writ petition seeking a writ of prohibition despite the petitioner not challenging the allegedly erroneous orders. The...

SC addressed maintainability of writ petitions under Article 226 against MSEFC orders under MSMED Act 2006. The Court determined that while MSMED Act establishes...

Quick Updates: