Supreme Court · 2010 INSC 206 · Decided 12 April 2010
Raj Kumar Shivhare v. Assistant Director, Directorate of Enforcement & Another
- Court
- Supreme Court of India
- Citation
- 2010 INSC 206 · [2010] 4 S.C.R. 608
- Case number
- CIVIL APPEAL No. 3221/2010
- Decided
- 12 April 2010
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
Constitution of India, 1950 - Article 226 - Writ petition - C 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 redressal of grievance, writ petition not maintainable ignoring D 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
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