INVOCATION OF DISCRETIONARY JURISDICTION
DELHI H.C. while deciding the writ petition no. 11435 of 2009 on 4.9.2009 in re: BRAHMAPUTRA INFRASTRUCTURE LTD. vs DELHI DEV. AUTHORITY observed as follows: -
QUOTE: This cannot be disputed that as to when a discretionary juridiction is to be exercised or refused to be exercised by the High Court, it is to be determined having regard to the facts and circumstances of the case. The Hig Court can entertain a writ petition if its is shown that there is something more which goes to the root of the jurrisdicionor something which would show that it would be a case of palpable injustice to the writ petitioner to forcehim to adopt the remedies provided unde the civil law. Admittedly in the present case the petitioner has not contended that, any provision of law is ULTRA VIRES and has not sought quashing of the same nor i can be infered that the denial of the alleged ppayment to petitioner of service taxand the interest thereon is in violation of any written agreement or is in violation of any principles of natural justice. In ABL INTERNATIONAL LTD vs EXPORT CREDIT GUARANTEE CORPN. OF INDIA LTD. [2004-3-SCC-553] it was held that the High Court having regard to the facts of he case, has a discretion to entertain or not to entertain the writ petition and it is the Court that has imposed upon itself certain restrictions in the exercis of this powr. UNQUOTE
[for full text of the judgement please visit http://www.taxesinindia.com and click on the citation taxind_2010_hc_del_wp_11435]
HIGH COURT JUDGEMENT
VENKATRAMAN RAGGHUPATHY, Web admin.
