AIR 1999 SUPREME COURT 22 ::1998 AIR SCW 3345 ::1998 (33) Arbi LR 553 ::1998 (8) ADSC 37 ::(1999) 1 MahLR 686 ::1999 (1) Bom LR 448 ::(1998) 31 CorLA 195 ::(1998) 33 ArbiLR 553 ::1998 (8) SCC 1 ::1999 (1) RecCivR 220 ::(1998) 5 Scale 655 ::1999 (2) Bom CR 70 ::1999 (2) MadLW 200 ::(1998) 3 SCJ 656 ::1999 Bom LR 1 448 ::1998 (8) Supreme 176 ::1999 (1) SRJ 182 ::(1998) 7 JT 243 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Saghir Ahmad, K. T. Thomas , JJ

(A) Constitution of India , Art.226— Alternative remedy - Availability of - Does not affect jurisdiction of High Court, specially in case where authority against whom writ is filed is shown to have had no jurisdiction. The jurisdiction of the High Court in entertaining a Writ Petition under Art. 226 of the Constitution, in spite of the alternative statutory remedies, is not affected, specially in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported @page-SC23 to usurp jurisdiction without any legal foundation. That being so, the High Court was not justified in dismissing the Writ Petition at the initial stage without examining the contention that the show cause notice issued to the appellant was wholly without jurisdiction.(Para 20 21) (B) Trade and Merchandise Marks Act (43 of 1958) , S.2(1)(x)— "Tribunal" - Definition - Meaning of - Words "High Court before which the proceeding concerned is pending" - Scope - "Registrar" becomes "Tribunal" if proceeding is pending before him - Similarly if proceeding is pending before "High Court" then High Court is to be treated as "Tribunal". Interpretation of Statutes - Rule of punctuation in grammar.W.P. 1775 of 1997, D/....