Maintainability of writ petition - alternate remedy of appeal - ...

Supreme Court: High Court Shouldn't Entertain Writs Under Article 226 If Statutory Remedies Exist; State's Appeal Allowed.

December 7, 2022

Case Laws VAT and Sales Tax HC

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 Article 226 of the Constitution of India challenging the assessment order in view of the availability of statutory remedy under the Act and there was no exceptional reason. The appeal filed by the State Government was thus allowed on the ground that the High Court should not have entertained a writ petition inspite of alternate remedy. - HC

View Source

← Previous Next →

Maintainability of writ petition - alternate remedy of appeal - ...

Supreme Court: High Court Shouldn't Entertain Writs Under Article 226 If Statutory Remedies Exist; State's Appeal Allowed.

December 7, 2022

Case Laws VAT and Sales Tax HC

You may also like:

Maintainability of writ petition - availability of alternative remedy of appeal - In a tax matter when a statutory remedy of appeal is available, the High Court ought...

The High Court considered the maintainability of a writ petition challenging an assessment order under the Tax Legislation. The court held that generally, when a...

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

HC dismissed appeal. Refusal justified to entertain writ petitions due to alternative statutory remedy u/s 107 of Tamil Nadu GST Act against order determining tax...

Writ appeal against writ petition entertained by the Ld. Single Judge - private parties - mismanagement and oppression of majority shareholders - Material on record...

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

Extension of time limits for filing annual returns under GST Acts was valid. Show Cause Notice issued within extended time limit u/s 73(9) of CGST/AGST Act for FY...

Arbitration Award - Maintainability of petition before the HC - availability of alternative remedy of appeal - Against the award made by the learned Arbitrator made...

Writ petition challenging order confirming provisional attachment under Prevention of Money Laundering Act dismissed. Court held alternative statutory remedy of appeal...

Territorial jurisdiction to entertain the writ petition under Article 226 (2) of the Constitution of India - even though a part of cause of action arises in this State,...

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...

Demand of GST - Validity of the order in FORM GST DRC-07 - The High Court declined to entertain the petition directly, emphasizing the need to exhaust statutory remedies...

The HC dismissed the petition challenging proceedings under SARFAESI Act, upholding the principle that writ jurisdiction should not be invoked when statutory remedies...

Petition maintainable but not entertainable due to availability of statutory remedy of appeal. Supreme Court held that merely because petition is maintainable, court not...

Petitioner challenged SCN alleging conspiracy to issue fake invoices without actual supply using another entity's GST registration for tax evasion. HC held petitioner...

Quick Updates: