Efficacious Remedy - The Legal Chamber

This Supreme Court judgment reiterates the principle that the existence of an alternative statutory remedy, especially one before the High Court itself, is a valid ground for refusing to exercise writ jurisdiction under Article 226 of the Constitution. It emphasizes that discretionary writ relief is generally unavailable where a litigant has, through their own fault, failed to exhaust an equally efficacious alternative forum provided by statute. Facts Of The Case: The appellant, Rikhab Chand Jain, faced proceedings concerning 252.177 kg of allegedly smuggled silver seized on September 27, 1992. The Additional Collector of Customs, respondent no. 3, ordered the confiscation of the silver and imposed a penalty of Rs. 50,000 on the appellant via an order dated May 7, 1996. The appellant app...

The Supreme Court quashed criminal proceedings under Sections 406 and 420 IPC, holding that mere breach of contract does not constitute a criminal offence absent proof of dishonest intent at the inception. The allegations disclosed only a civil dispute, and continuing criminal prosecution amounted to an abuse of the process of the court. Facts Of The Case: The appellant, Arshad Neyaz Khan, entered into an agreement to sell his property to the complainant, Md. Mustafa, in February 2013 for a consideration of Rs. 43,00,000, out of which an advance of Rs. 20,00,000 was paid. Nearly eight years later, in January 2021, the complainant filed a criminal complaint alleging that the appellant had failed to either transfer the property or refund the advance amount, accusing him of cheating, crimin...

Tag: Efficacious Remedy

Alternative Remedy Rule Strengthened: Supreme Court Says Writ Petition Not Maintainable If Appeal to High Court Was Available

Supreme Court Quashes FIR in Property Dispute, Says Mere Breach of Contract Isn’t Cheating