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Supreme Court of India

Raj Kumar Shivhare v. Assistant Director, Directorate of Enforcement & Another

Neutral citation
Reported as [2010] 4 S.C.R. 608
Bench G.S. Singhvi and Asok Kumar Ganguly JJ.
Decided 12 April 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, the decision in Ambica Industries (supra) is not of much relevance in the facts of the case in hand. 626 SUPREME COURT REPORTS [2010] 4 S.C.R. A.

Judgment, page 18

From the headnote

Constitution of India, 1950 - Article 226 - Writ petition - Against interim order of Tribunal in a case under FEMA - Maintainability of - Held: In view of s. 35 which confers appellate jurisdiction on High Court, writ petition is not maintainable - When a statutory forum is created by law for redressal of grievance, writ petition not maintainable ignoring statutory dispensation - Right of appeal, being a creature of a statute, its nature, ambit and width has to be determined from the statute itself - No statutory interpretation is warranted to widen or restrict it - Foreign Exchange

Authorities it was built on

Where later benches applied it

Of those, 3 relied on · 5 referred to · 5 mentioned

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