Statutory Remedy Archives

Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court

“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”

Case Briefs High Courts

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

Revisional Court has power to rectify order of subordinate Revenue Court at any stage of the suit or proceedings: Allahabad High Court

To interpret ‘proceeding decided’ as entire proceedings and not a part of a proceeding would amount to restricting the exercise of revisional jurisdiction which is not as contemplated under Section 210 of UP Revenue Code.

Case Briefs High Courts

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Case Briefs Supreme Court

SC| Court should refrain from giving finding on merit while relegating matter to the statutory remedy

Supreme Court: In an appeal against the order where the Madras High Court had after giving detailed findings on merits, relegated to

Case Briefs High Courts

Kar HC | Ignorance and poverty are not sufficient reasons for belated invoking of statutory remedy

Karnataka High Court: S. Sunil Dutt Yadav, J. allowed this writ petition which was preferred to set aside the order of the

Case Briefs High Courts

Pat HC | Employer’s petition challenging Labour Court’s compensation awarded to employee not maintainable, where alternative statutory remedy not exhausted

Patna High Court: The Bench of Shivaji Pandey, J. dismissed a writ petition filed by an employer, challenging the amount of compensation

Case Briefs High Courts

Kar HC | Writ court cannot interfere with decision of Returning Officer of cooperative society as equally efficacious statutory remedy available

Karnataka High Court: The Single Judge Bench of S. Sujatha, J. dismissed a petition challenging the decision of Returning Officer of Kadaragundi

Case Briefs High Courts

Challenge to Arbitrator’s award in a writ court not maintainable if statutory remedy under Section 34 of A&C Act not exhausted

Patna High Court: A Single judge bench comprising of Birendra Kumar, J. while hearing a civil writ petition against an Arbitrator’s order