Decision of any High Court is binding on all the subordinate authorities and Tribunals through out India untill contrary view is taken by other High Court

0 comments Thursday, March 8, 2012

I have found an old judgement but very usefull one namely CIT vs. Godavari Saraf which I want to share for the readers of the blog. It has been held in this judgment by Bombay High Court that until contrary decision is given by any other competent High Court, which is binding on a Tribunal in the relevant State, it has to proceed on the footing that the law declared by the High Court, though of another State, is the final law of the land.
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Plea of alternative remedy not acceptable against writ petition if there is jurisdictional error

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It is well known that when an alternative remedy is available to a person then the writ petition in the High Court may not be acceptable. Punjab & Haryana High Court in the following case has held that plea of alternative remedy cannot be invoked where the question involved is of lack of jurisdiction on admitted facts.

It means that where an order of an authority suffers from error of lack of jurisdiction on admitted facts then in such case writ petition challenging such order can be filed and such writ should be accepted irrespective of the fact that the petitioner had the alternative remedy of filing an appeal against such order and he has not exhausted it before filing writ petition.
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