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Sunday, February 12, 2012

Tagging of similar matter

2011 12 SCC 734
2010 13 SCC 56
2011 5 SCC 305
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Wednesday, February 8, 2012

alternative remedy - after admission

 it is neither the legal position nor such a proposition has been laid down in Suresh Chandra Tewari that once a petition is admitted, it cannot be dismissed on the ground of alternative remedy. It is no doubt correct that in the 'head note' of All India Reporter (AIR), it is stated that "petition cannot be rejected on the ground of availability of alternative remedy of filing appeal"

Tuesday, February 7, 2012

Sunday, February 5, 2012

Second charge sheet - question in writ proceedings

charge against the respondent had already been enquired into earlier and he had been exonerated of the charge in an earlier proceeding. Hence, he contended that the impugned Charge Memo would amount to double jeopardy and was therefore illegal. He relied upon the decision of this Court in Lt. Governor Delhi and Ors. v. HC Narender Singh 2004 (13) SCC 342.

Post decision hearing - tendency to uphold the decision

K.I. Shephard and Ors. etc. etc. v. Union of India and Ors. MANU/SC/0643/1987 : (1988)ILLJ162SC , this Court held:

...It is common experience that once a decision has been taken, there is tendency to uphold it and a representation may not really yield any fruitful purpose.

[See also Shri Shekhar Ghosh v. Union of India and Anr. MANU/SC/8616/2006 : (2007)1SCC331 and Rajesh Kumar and Ors. v. D.C.I.T. and Ors. MANU/SC/4779/2006 : [2006]287ITR91(SC) ]

Thursday, February 2, 2012

Stamp duty and alternative remedy

AIR 2011SC3748 for alternative remedy and stamp matter


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