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MM HARTMANN AND OTHERS Versus THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, TUTICORIN

2015 (4) TMI 923 - MADRAS HIGH COURT

Maintainability of petition - Alternate remedy - Held that:- When an alternative remedy is available, more particularly, in the cases of fiscal nature, invoking of the jurisdiction under Article 226 of the Constitution of India, is not permissible. I .....

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W.P .( MD) No.4737 of 2015 & M.P(MD) No.1 of 2015 - Dated:- 31-3-2015 - MR. K.RAVICHANDRABAABU, J. For The Petitioner : Ms. Chamundi Bose For The Respondent: Mr. B Vijay Karthikeyan ORDER This writ petition is filed challenging the order in Original .....

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ory appeal before the Commissioner (Appeals). 3. This Court has already taken a consistent view that when a statutory right of appeal is available in fiscal matters, the order in original cannot be challenged by filing the writ petition especially un .....

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his Court is fully convinced that this writ petition is not maintainable on the ground of availability of alternative remedy. 5. It is well settled that in cases involving fiscal nature, availing of statutory appellate remedy has to be first exhauste .....

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darmal M.Chordia , Madras - vs - The Customs, Excise and Gold (Control) Appellate Tribunal, South Regional Bench, Madras and others reported in (2005) 2 MLJ 246(DB) 2) United Bank of India - vs - Satyawati Tondon and others reported in (2010) 8 SCC 1 .....

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