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2019 (9) TMI 674

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..... Even the issue of breach of natural justice is an issue which could be considered by the Appellate Authority, if that be factually so. There is no reason to exercise our extra-ordinary jurisdiction when there is an efficacious alternative remedy available to the petitioner under the Act - petition dismissed. - WRIT PETITION NO. 1880 OF 2019 - - - Dated:- 6-9-2019 - M.S. SANKLECHA NITI .....

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..... for the writ jurisdiction to be exercised, we would consider the same. 2. This petition was kept under the caption for dismissal yesterday. At that time, the learned Advocate appearing for the petitioner stated that the Counsel who is briefed in this matter was in some difficulty and sought time till tomorrow. At that time, we pointed out to him that the petition was heard on 30th Au .....

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..... f. Time was again sought to brief the Counsel on whose behalf time was sought earlier. We were shocked at this conduct on the part of the petitioners and its advocates. We refused to give any time and kept the petition back at 4.30 p.m. yesterday to enable the new advocate to make submissions, if any, in support of the petition. However, the petition did not reach yesterday and at 5.30 p.m. just b .....

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..... Summons is prepared by her to bring these facts on record. At no time, prior to today did the petitioners make this grievance of not being given a copy of report relied upon by the Assessing Officer and because of it, prejudice is caused. There are facts which are within the knowledge of the petitioner and if in fact so, the petitioner would have brought it to the knowledge of his Advocate. This .....

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