Case law
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Division and case type: CivilCivil Suit
…XVI rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.…
Division and case type: Environment and LandLand Case
…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Cause
…unreasonably in seeking to have the company liquidated instead of pursuing that other remedy. 10.…
…In such a scenario, I think it would be suitable for the parties to agree that they have settled on an alternative remedy, rather than to seek a prayer from the court compelling a specific and unilateral remedy, within the…
Division and case type: High Court Judicial ReviewJudicial Review
…provided in law for the applicant who should not be allowed to bypass that remedy.…
…The law requires parties to exhaust the remedies available to them before seeking judicial review. This rule is rooted in the principle of exhaustion of remedies doctrine.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Under subsection (3), the High Court or a subordinate court should, if it is not satisfied that the remedies referred to in subsection (2) have been exhausted, direct an applicant to first exhaust such remedy before instituting…
…If not, the court should direct the person to first exhaust such remedies before instituting proceedings before it.…
Division and case type: High Court Commercial and TaxCommercial Matters
…These remedies are legally distinct, compatible, and not mutually exclusive. 12.…
…The subsection uses the word or which means the remedies are disjunctive and not conjunctive, distinct and not cumulative. The 2nd defendant could only choose one remedy and not more.” 17.…
Division and case type: Environment and Land CourtJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…
…all cases where there is a specific legal right and no specific legal remedy for enforcing that right; and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The respondents did not also argue that a remedy existed under any another law, identify that law which provided a remedy the petitioner should have exhausted before approaching this court.…
…The respondents did not also demonstrate that such remedy was efficient and effective and identify the body that provided the alternative remedy. In Union of India v. T.R.…
Division and case type: Environment and Land CourtCivil Suit
…Secondly, though forfeiture is not an equitable remedy and is strictly a common law remedy based on contractual terms in the present situation, in its plaint, the plaintiff has, despite outlining all kinds of breach, sought…
…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.”…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…In order to determine this Application, it is necessary to consider the remedies provided in the DPA and whether they offer sufficient and adequate remedy for the violations alleged by the Petitioner. 15.…
…Black’s Law Dictionary, Tenth Edition defines exhaustion as follows: “exhaustion of remedies”.…
Division and case type: High Court DivJudicial Review
…The Ex Parte Applicant submitted that mandamus is an equitable remedy that serves to compel a public authority to perform its public legal duty and is a remedy that controls procedural delays.…
…is no discretion to withhold mandamus if no other remedy remains.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is not in doubt that there is an effective alternative remedy available to the applicant to ventilate his grievances.…
…applicant, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice. 28.…
Division and case type: High Court DivJudicial Review
…such remedy before instituting proceedings under sub-section (1).…
…The Applicants reckoned that where there is an alternative statutory remedy, an Applicant for judicial review must satisfy the Court that alternative remedies were exhausted before judicial review orders were sought for.…
Division and case type: High Court Judicial ReviewJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…and it may issue in cases where although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual.” 9.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…
Division and case type: High Court Judicial ReviewJudicial Review
…first exhaust such remedy before instituting proceedings under sub-section (1).…
…An internal remedy is adequate if it is capable of redressing the complaint.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…the court by way of judicial review remedy.…
…Judicial review is a remedy for violation of fair administrative action where there is no other alternative remedy provided for in law or where the law specifically mandates judicial review as the remedy.…
Division and case type: High Court DivJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right…
…that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…