Case law
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Division and case type: CivilCivil Case
…satisfied that there remained an inherent power to set aside the dismisals if the requirements of justice so demanded the exercise of that power, as for instance of limited rendered the prescribed remedy futile.…
…Mr Inamdar, with his usual clarity of expression and persuasiveness, has cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation…
Division and case type: CivilCivil Appeal
…an alternative remedy’ to section 219(f).…
…The appellant clearly had alternative remedies; 3.…
Division and case type: CivilCivil Appeal
…The remedy of specific performance is an equitable remedy and it is also a discretionary one.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Case
…In such a case he thought the plaintiff’s remedy was apply to the High Court for further and better particulars of the grounds for the detention.…
…Since the object is to enable the detainee to know what is being alleged against him the remedy of the detainee is to seek further and better particulars.…
Division and case type: CivilCivil Appeal
…It does not make sense to allow an absent plaintiff under rule 2 to apply under rule 8 to set aside a dismissal and to deny him a similar remedy when he was absent under rule 4(1).…
Division and case type: CivilCivil Appeal
…We also held that it would be unfortunate in a case of personal injury if a plaintiff, who has otherwise proved his case, is deprived of his remedy due to the niceties of pleading.…
Division and case type: CivilCivil Appeal
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
…It does not divest any person of rights recognized by law; it limits the period within which a person can obtain a remedy from the courts for infringement of them.…
Division and case type: CivilCivil Appeal
…Secondly, clause 8 (viii) of the agreement which we have already discussed, limits the respondents remedy to the agreed compensation stated therein, with no interest whatsoever accruing thereon, except that which may be awarded…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…