Published on: 24 November 2022 at 09:46 IST
Court – Supreme Court of India
Citation – Transcore v. Union of India (2008) 1 SCC 125
Honourable Supreme Court of India has held that there are three elements to the Doctrine of Election, namely. If any one of the three elements is not present, the Doctrine does not apply.
- Existence of two or more remedies;
- Inconsistencies between such remedies
- Choice between one of them.
64. In the light of the above discussion, we now examine the doctrine of election. There are three elements of election, namely, existence of two or more remedies; inconsistencies between such remedies and a choice of one of them. If any one of the three elements is not there, the doctrine will not apply.
According to American Jurisprudence, 2d, Vol. 25, p. 652, if in truth there is only one remedy, then the doctrine of election does not apply.
In the present case, as stated above, the NPA Act is an additional remedy to the DRT Act. Together they constitute one remedy and, therefore, the doctrine of election does not apply.
Even according to Snell’s Principles of Equity (31st Edn., p. 119), the doctrine of election of remedies is applicable only when there are two or more co-existent remedies available to the litigants at the time of election which are repugnant and inconsistent. In any event, there is no repugnancy nor inconsistency between the two remedies, therefore, the doctrine of election has no application.
Drafted By Abhijit Mishra