Alternate remedy
Lakshmi
(Querist) 07 September 2014
This query is : Resolved
If a same cause of action has two remedies, you approach either of the court's which grants the remedy.
Will alternate remedy be a bar to accept the case if the cause of action is one and the same.
If possible any judgments which say that alternate remedy is not a bar if cause of action are one and the same.
Dr J C Vashista
(Expert) 07 September 2014
Academic query, seek guidence from your tutor.
Lakshmi
(Querist) 07 September 2014
Its not an academic query.
Lakshmi
(Querist) 07 September 2014
It is not an academic query, I am taking part in debate.
Sudhir Kumar, Advocate
(Expert) 07 September 2014
please come with facts and the advise you get will be useful.
Lakshmi
(Querist) 07 September 2014
Mr.Sudhir Kumar there are no facts as such I want to contend that in a case when cause of action is the same with alternate remedies, if one of the parties have approached one court, the opposite part cannot say that the case is not maintainable as there is an alternate remedy available.
ajay sethi
(Expert) 07 September 2014
if you are taking part in debate you have to do your own research .
V R SHROFF
(Expert) 07 September 2014
nO rOOM FOR tEACHING!!!!!!!
Advocate. Arunagiri
(Expert) 07 September 2014
You need support from our experts for Taking part in a debate, it is a academic query only.
Hemant Agarwal
(Expert) 07 September 2014
Article 20 in The Constitution Of India 1949
(2) No person shall be prosecuted and punished for the same offence more than once
1. Article 20(2) of the Constitution of India, PROHIBITS multiple prosecution for "same cause of offence".
2. Amongst all Indian Laws, ONLY the "Consumer Protection Act", provides for "ADDITIONAL Remedy" (NOT alternative remedy), for "same cause of offence".
Keep Smiling .... Hemant Agarwal
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ABDUL RAZIQUE
(Expert) 08 September 2014
WEll described by Ld. Expert Hemant Agarwal.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
As observed by experts, the debating issues are to be researched by one's own self to take credit and not by borrowing ideas from others. Better discuss the issues with your local colleagues.
Hemant Agarwal
(Expert) 10 September 2014
1. My thoughts are that, as far as possible, help /assist those people who ask for it, irrespective of any criteria. More so when it is not much of a trouble, for us.
2. In our young days, when we never had internet facilities, we too were anticipating /expecting help from anybody who came our way.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 10 September 2014
There is no bar on any person who volunteers to reply to the academic queries as a routine.