Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Custody of child -- Writ of habeas corpus - Minor is living in the custody of his father who is natural guardian - Mother of child had also lodged FIR against husband and family members of husband - Custody of child is thus, not unlawful or illegal and mother of child has equally efficacious relief which can be availed by her for custody of child - Writ petition..........
Specific Relief Act, 1963, Section 41(h) -- Injunction - Cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust...........
Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
Specific Relief Act, 1963, Section 39, 41(h) -- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20 -- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or..........
Specific Relief Act, 1963, Section 41(h) -- Suit for injunction - Maintainability - No injunction can be granted if equally efficacious remedy is available by any other usual mode of proceeding...........
