Legal Reference Library

Madurai Bench of the High Court of Madras in S.Robinson Vs 1.Tamil Nadu State Information Commission has held that the Right to Information (RTI) Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information. “Although the learned counsel appearing for the petitioner has elaborately made his submission and taken this Court through the Scheme of RTI Act, particularly, Sections 4, 8 and 22 of the RTI Act, I am unable to persuade myself that RTI Act can be invoked for all purposes regardless of the fact that there is existence of alternative effective mechanism provided under the respective departments for seeking information. If such recourse is encouraged and entertained it will destroy the very frame work of the respective mechanism which provides for furnishing information under the respective department,” Justice V. Parthiban observed. The Court was hearing a Petition filed by Mr. S. Robinson, challenging an order...

Madras High Court Sakku Bai Amman vs R. Babu Reddiar And Ors. on 1 April, 1976 Equivalent citations: AIR 1977 Mad 223 Author: R Rao Bench: R Rao, R Pandian JUDGMENT Ramaprasada Rao, J. 1. The plaintiff in O. S. No. 65 of 1967 on the file of the Court of the Subordinate Judge of Cuddalore, is the appellant. The plaintiff sued for specific performance of an agreement of sale contained in Ex. A-1 dated 10-6-1965. Her case is that the first defendant, who is the father of defendants 2 to 7, entered into such an agreement of sale to sell the suit properties for a sum and consideration of Rs. 18,502. Under the said agreement, a sum of Rs. 8,001 was to be paid on the date of the registration of the agreement and the balance to be paid on the date of the registration of the agreement and the balance to be paid at the time of the registration of the sale deed. A period of two years for performance of the contract was provided for. The agreement also provided that in default by the ...

1) Mardia Chemicals v. Union of India (2004) 4 SCC 311 2) Bank of Bihar Ltd. v. Damodar Prasad (1969) 1 SCR 620 3) State Bank of India v. M/s. Indexport Registered and others (1992) 3 SCC 159 4) Industrial Investment Bank of India Limited v. Biswanath Jhunihunwala (2009) 9 SCC 478 5) Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad AIR 1969 SC 556 6) Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998) 8 SCC 1 7) Harbanslal Sahnia and another v. Indian Oil Corporation Ltd. and others (2003) 2 SCC 107 8) Thansingh Nathmal v. Superintendent of Taxes (1964) 6 SCR 654 9) Titaghur Paper Mills Co. Ltd. v. State of Orissa (1983) 2 SCC 433 10) Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop India Ltd. and others (1985) 1 SCC 260 11) Punjab National Bank v. O.C. Krishnan and others (2001) 6 SCC 569 12) CCT, Orissa and others v. Indian Explosives Ltd. (2008) 3 SCC 688 13) City and Industrial Development Corporation v. Dosu Aardeshir...

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

Supreme Court of India Supreme Court of India United Bank Of India vs Satyawati Tondon & Ors. on 26 July, 2010 Bench: G.S. Singhvi, Asok Kumar Ganguly IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2010 (Arising out of SLP(C) No.10145 of 2010) United Bank of India ...Appellant Versus Satyawati Tondon and others ...Respondents JUDGMENT 1. Leave granted. 2. With a view to give impetus to the industrial development of the country, the Central and State Governments encouraged the banks and other financial institutions to formulate liberal policies for grant of loans and other financial facilities to those who wanted to set up new industrial units or expand the existing units. Many hundred thousand took advantage of easy financing by the banks and other financial institutions but a large number of them did not repay the amount of loan, etc. Not only this, they instituted frivolous cases and succeeded in persuading the Civil Courts to pass ord...

Case referred - By court 1) Supreme Court in United Bank of India vs. Satyawati Tandon, reported in AIR 2010 SC 3413 2) Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad AIR 1969 SC 556; 3) Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998) 8 SCC 1 : (AIR 1999 SC 22 : 1998 AIR SCW 3345) 4) Harbanslal Sahnia and another v. Indian Oil Corporation Ltd. and others (2003) 2 SCC 107 : (AIR 2003 SC 2120 : 2003 AIR SCW 126) Calcutta High Court Anr vs Punjab National Bank And Anr. ... on 6 May, 2014 Author: Dipankar Datta ORDER SHEET WP No.353 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S. MERCURY EXPORTERS AND MANUFACTURING PVT. LTD, & ANR Versus PUNJAB NATIONAL BANK AND ANR. BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 6th May, 2014 Mr. Samit Talukdar, Sr. Advocate with Mr. Sakya Sen, Advocate Mr. Chanchal Kumar Dutt, Advocate Mr. Provat Sil, Advocate ..for the petitio...