Extraordinary jurisdiction under Article 226 cannot be invoked when the statutory remedy of appeal is not availed

Last updated: 19 December 2023

Save Share

Quick Summary

The Patna High Court has ruled that the extraordinary jurisdiction under Article 226 of the Constitution cannot be used when a statutory remedy, such as an appeal, has not been pursued. In this case, a petitioner failed to file an appeal within the prescribed time limit and then sought relief through a writ petition. The court emphasised that while Article 226 grants broad powers, it's not a substitute for available legal remedies, especially when the petitioner's own inaction led to the missed appeal deadline.

Court :
Patna High Court

Brief :
The Hon'ble Patna High Court in the case of M/s. Punit Kumar Choubey v. Commissioner Commercial Tax, Patna [CWJC No.9975 of 2023 dated August 10, 2023] held that the extraordinary jurisdiction under Article 226 cannot be invoked when statutory remedy of appeal is not availed.

Citation :
CWJC No.9975 of 2023 dated August 10, 2023

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

185 Views Comment Share GST Report

Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

View Judgements

Comments