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remedies under the two
different Acts. Therefore, the doctrine of election has no application in this
case. Section
Supreme Court of India
deed-If must also accept the obligations thereunder-
Doctrine of election.
The properties in plaint Schedules
Supreme Court of India
distinct statutes provide two similar
remedies, the doctrine of election would apply and the
respondent-Corporation having resorted ... SARFAESI Act. Learned
counsel further submitted that the doctrine of election
would not apply in the present case inasmuch
Madras High Court
distinct forums would not trigger in, the doctrine of election unless, they
are also inconsistent with each other. Concurrent ... above discussion, we now examine the
doctrine of election. There are three elements of election, namely,
existence
Delhi High Court
rationale of the impugned order is the doctrine of
election of remedies i.e. the petitioner/claimant must
choose between ... remedies.
18. To explain the operation of the doctrine of election of
remedies, learned counsel drew our attention
Delhi High Court
Court considered the doctrine
of election and observed:
"18. An admission is not conclusive as to the truth ... used to express the principle embodied in our
doctrine of election- namely, that no party can accept and
reject
Allahabad High Court
owned by C. Mahamood deft. 8, the
equitable doctrine of election on the ground that Kunhi Pakki had
approved ... limitation and the application of the equitable doctrine of election of
Kunhi Pakki in respect of documents
Supreme Court of India
alternative, so that
when a litigant has made his election of one of these alternatives, he
must betaken to have ... These cases affirm the doctrine that an ex
parte decree may be set aside by an application on the ground
Calcutta High Court
estate of V. Rm. Shanmugham.
(17) The doctrine of election on which the defence is substantially
rested is the principle ... interest whatsoever
with it, in our view, the doctrine of election would certainly apply to
a case of hukdarship
Madras High Court
Gujarat High Court
Apex Electricals Ltd. vs Icici Bank Ltd. on 30 July, 2003 Equivalent
Gujarat High Court
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