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Alternate remedy - Writ - Exception - High Court

1) Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors.


Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
Equivalent citations: AIR 2003 SC 2120, JT 2002 (10) SC 561, 2004 I OLR 81, (2003) 2 SCC 107

the rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. In an appropriate case in spite of availability of the alternative remedy, the High Court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the Fundamental Rights; (ii) where there is failure of principles of natural justice or, (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act and is challenged


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