...party seeking a restraint on invocation of bank guarantee has no adequate remedy at law. Reference may be made in this connection to the decision of the Supreme Court in...invocation of bank guarantee has no adequate remedy of law at all and the harm to him would be irreparable. The subsequent dispute in the performance of the contract does not give rise to cause no...without any remedy in law. They may sue the appellants for damages if they have invoked the bank guarantee wrongly. There is no justification, whatsoever, in this case for an apprehension of...

...." 11. It is well-settled that irretrievable injury may be established by demonstrating that the party seeking a restraint on invocation of Bank guarantee has no adequate remedy at ...invocation of Bank guarantee has no adequate remedy of law at all and the harm to him would be irreparable. The subsequent dispute in the performance of the contract does not give rise to cause no...other side, prima facie, it could be said that such a conduct can be considered as fraud in law. If that is so, I must necessarily hold that the plaintiffs have made out prima facie case in support of...

...should be genuine and immediate as well as irreversible. It should be a case where the party seeking restraint on invocation of Bank guarantee has no adequate remedy of law at all and the harm to him...supply of goods nor was it any of their business to inspect the goods before making the payment. Counsel has further submitted that the law has by now been well settled by a catena of judgements of...the defendants being a foreign party, it would be difficult to recover the money. Thus, grant of injunction would be against the well settled principles of law. The Supreme Court in the case reported in...

...case where the party seeking restraint on invocation of Bank Guarantee has no adequate remedy of law at all and the harm to him would be irreparable. The subsequent dispute in the performance of t...upto 31st July, 1995 is utterly useless, and cannot be made use of by the defendant No. 1. The defendant No. 1 cannot invoke the Bank Guarantee in law. In view of the tender terms, the security could.... and another, reported in 1997(1) Bom.C.R. 638. After considering whole of the case law, certain principles have been culled out by the Division Bench. The case of the defendant No. 1 falls...

...ground that the plaintiff had no adequate remedy at law and the allegations of irreparable harm were not speculative but genuine and immediate and the plaintiff would have suffered irreparable harm if...injunction against encashment of confirmed letter of credit and the case-law on the point. Thereafter it referred to Edward Owen Engg. Ltd. v. Barclays Bank International Ltd...security deposit to indemnify against any loss or damage caused by breach of the terms and conditions of the contract.” It then considered the position of law with respect to liquidated damages in our...

...2015 on 21.08.2015 in which the petitioner has appeared today. The anxiety of the petitioner is that the decree may be executed without following due process of law.2. Mr. Atanue Banerjee, the learned Governm...)(c)(d) & (e) of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011 and the petitioner filed his show-cause reply on 03.07.2015 The suit was decreed on 20.07.2015 is a fact...apparent on the face of order passed by the Rent controller-cum-Sub-divisional Officer, Sadar, Ranchi which indicates how hurriedly order has been passed in J.BC Case No. 32 of 2015. Aggrieved the...

...jurisdiction in such cases, because a court of law, giving damages only for the non-performance of the contract, in many cases does not afford an adequate remedy. But, in equity, as well as at law...representatives as also a person who had purchased the contracted property from the vendor. In equity as well as in law, the contract constitutes rights and also regulates the liabilities of the parties. A...permissible in law. In the case of Vijay Pratap v. Sambhu Saran Sinha (1996) 10 SCC 53 this Court had taken the same view which is being taken by...

...:“Because I find that Itek has demonstrated that it has no adequate remedy at law, and because I find that the allegations of irreparable harm are not speculative, but genuine and...the decree will not be executable in Iran. It was on these facts that the court felt that it was a case where the plaintiff had demonstrated that it has no adequate remedy at law and the allegations of irreparable...facie finding of fraud being given by the learned court read with the finding of irreparable harm which could not be avoided by adequate remedy at law due to peculiar situation in Iran....

...an agreement, but would have left the party aggrieved by the breach of it to seek his remedy, where he would find an adequate remedy, in a Court of Law.”The case of the ...a specific performance of a contract is because the remedy at law is inadequate or defective. But by what possibility can it be said that the remedy here is inadequate or defective? It is a simple...This is a Reference by the Munsif of Iswarganj in a suit instituted before him as a Small Cause Court suit.The Plaintiffs allege that out of Rs. 150, the nominal...

...alternative remedy is no remedy in the eye of law to cover the challenge or in any event, is not adequate and efficacious remedy, then the remedy of writ petition to challenge th...for in Rule 34 of the Delhi Bar Council Election Rules. This is not an appropriate and adequate alternative remedy to defeat the writ petitioner on that account. Firstly, no clause of Rule 34 covers the....(5) That there is a specific remedy provided in the Delhi Bar Council Election Rules for challenging any election to the Bar Council and hence in view of the...

...else was hurt and that it was an elementary principle of law that in order to justify the grant of extraordinary relief the complainant's need of it and the absence of an adequate remedy ...in which the rule laid down was that in order to justify the granting of extraordinary relief the complainant's need of it and the absence of an adequate remedy at law must clearly appear and that...of the directors dated 7th February 1950, making a call was illegal and ultra vires, as the law under which they were appointed was itself invalid. The plaintiff claimed relief in the form of a...

...guarantee for obtaining an interim order from the writ court.6. This is an abuse of the process of law, which pertnits issuance of high prerogative writs in extraordinary circumstances when there is ...Ajoy Nath Ray, J.:— The respondents are not called upon in this application. Dr. Pal submits and relies in regard to such submission on paragraph 22 of the petition, that the writ...petitioner was willing to furnish a bank guarantee for the disputed amount of about Rs. 8 lakh; none the less an attachment order has been passed under section 281B and consequentially section 230A clearance...

...alternative remedy available to the petitioners, the present Writ Petitions under Article 226 of the Constitution of India cannot be entertained as the Petitioners have got adequate alternative remedy...under the law.5. In view of the said alternative remedy available to the Petitioners, we relegate the Petitioners back to the District Collector to file appropriate stay petition with...Memo of Appeal under Section 10 of the Act and press the same in accordance with law after impleading Respondent No. 4 also in such Appeal. The District Collector concerned is expected to hear and...

...settled law that in the force of the existence of adequate alternate remedy, this Court would be shy in exercising its power under Article 226 of the Constitution so as ...situation, the petitioner has moved this Court for appropriate direction upon the police authorities. There are specific remedies in law for violation of orders passed by this Court.It is...however give liberty to the petitioner to initiate appropriate proceedings in law, if so advised.With the aforesaid direction, the instant writ petition is disposed of. No order as to...

...statutory remedy provided under the law.6. As such, the present writ petition is disposed of with liberty to the petitioner to approach the appropriate forum/authorities for pressing his claim in this regard....Magistrate, Sasaram (Rohtas) has been requested to release the fund.5. It would appear that the prayer of the writ petitioner involves a mere money claim for which there is adequate...Vikash Jain, J.:— Heard learned counsel for the petitioner and the2. The present writ petition has been filed for a writ of mandamus directing the respondents for making...

...kind is considered it could not properly be otherwise. The Court assumes jurisdiction in such cases, because a Court of law, giving damages only for the non-performance of the contract, in many cases does not afford an ...equity as well as in law, the contract constitutes rights and also regulates the liabilities of the parties. A purchaser is a necessary party as he would be affected if he had purchased with notice..., in equity, as well as in law, the contract constitutes the right and regulates the liabilities of the parties; and the object of both proceedings is to place...

...) being the subsequent suit between the same parties and for the same subject property in dispute thus it attracts the provision of Section 10 CPC and to secure the abuse of law." 3. Considering the fact that an ...dismissed. 4. The petitioner would be at liberty to avail such remedy as prescribed under law. Order Date :- 4.3.2025 akverma... Neutral Citation No. - 2025:AHC-LKO:12891 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1082 of 2025 Petitioner :- Kuldeep Respondent :- Court Of...

...by reason of a miscarriage of justice due to a gross neglect of law or procedure or otherwise and there is no other adequate remedy. The article is hardly meant to afford relief in a case ...):“Exercise of the jurisdiction of the Court under Article 136 of the Constitution is discretionary: it is exercised sparingly and in exceptional cases, when a substantial question ...determined or where it appears to the Court that interference by this Court is necessary to remedy serious injustice. A party who approaches this Court invoking the exercise of this overriding...

...adequate remedy exists. It cannot be doubted that the action of the Authority is calculated to invade the right of the petitioners to occupy the premises and to hold and to possess their own property in the premise...unauthorised occupation of any premises etc. In other words, the present petitioners have no other remedy but to approach this Court if the action of the Authority was contrary to law because no other...alternative sites were offered but were not taken by the Stores.5. The case of the Stores is that the action of the Delhi Development Authority is without authority of law...

...to justify the granting of this extraordinary relief, the complainant's need of it and the absence of an adequate remedy at law must clearly appear. The complainant cannot succeed because someone ...that in order to justify the granting of this extraordinary relief, the complainants' need of it and the absence of an adequate remedy at law must clearly appear. The complaint cannot succeed beca...its discriminations were based upon adequate grounds and that the law was passed for safeguard- ing the needs of the people and that, therefore, the onus was upon the petitioner to allege and prove that...