7.4 Private and Public Remedies

The remedies' distinction (the statute's enforcement craft): The private remedies: the individual's rights-and-recourses — the statutory claim (the compensation-and-damages actions); the statutory defence (the penal-and-regulatory provisions' private use); the specific performance-and-injunction's statutory faces; the craft: the statute's private-right creation (the intent question: the class's benefit as the private- enforceable right (the "is there a private remedy?" analysis — the intent's presumption-and- rebuttal)); The public remedies: the state's-and-collective's enforcement — the prosecution (the penal sanction's public character); the regulatory enforcement (the licence's suspension; the closure orders); the public-and-structural remedies (the PIL's orders — the mandamus-and-directive line); the craft: the public remedy's exclusivity question (the private-enforcement's displacement debates); The overlap-and-election: the concurrent remedies (the criminal prosecution + the civil claim (the independent proceedings' co-existence)); the election's doctrine (the alternative remedies' choice questions); the statutory-exclusivity clauses (the "notwithstanding any other law" craft — the remedy's single-route command); The remedy's construction (the interpretive craft): the remedies'-granting provisions liberally read (the access's generosity — the beneficial craft of Unit 4.1-4.2); the ouster-and- limitation provisions strictly read (Unit 6.3's companion); the remedy's proportion (the relief's statutory purpose-matching). The Nepal faces: the writs' public remedies (the constitutional- craft — Unit 5.2's remedies' generosity); the victim's compensation's growth (the public-and- private blend (the Crime Victim Protection Act 2075's faces)); the PIL's-and-the-private-claim's co-existence (the Nepali practice's both-tracks). Exam Focus…