Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing to be done in a particular manner, it is to be done in that manner alone. The Court also held that the mere existence of an alternate remedy in the form of arbitration was not a bar to exercise writ jurisdiction as the impugned acts were patently illegal.