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Documents citing Rokyayabi vs Ismail Khan And Ors. on 3 January, 1984

M/S Punjstar Insulation Fibre Company vs State Of Chhattisgarh on 26 November, 2019

11. We have not been able to appreciate the anxiety on the part of the different courts in judgements referred to above to apply the provisions of the Code to Writ Proceedings on the basis of Section 141 of the Code. When the constitution has vested extraordinary power in the High Court under Articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such High Court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in Articles 226 and 227 itself. No useful purpose will be served by limiting the power of the High Court by procedural provisions prescribed in the Code. Of course, on many questions, the provisions and procedures prescribed under the Code can be taken up as guide while exercising the power, for granting relief to persons, who have invoked the jurisdiction of the High Court. It need not be impressed that different provisions and procedures under the Code are based on well recognised principles for exercise of discretionary power, and they are reasonable and rational. But at the same time, it cannot be disputed that many procedures prescribed in the said Code are responsible for delaying the delivery of justice and causing delay in securing the remedy available to a person who pursues such remedies. The High Court should be left to adopt its own procedure for granting relief to the persons concerned. The High Court is expected to adopt a procedure which can be held to be not only reasonable but also expeditious."
Chattisgarh High Court Cites 12 - Cited by 0 - Full Document

C/M Motilal Memorial Society vs State Of U.P Thru Principal ... on 11 June, 2020

11. We have not been able to appreciate the anxiety on the part of the different courts in judgments referred to above to apply the provisions of the Code to writ proceedings on the basis of Section 141 of the Code. When the Constitution has vested extraordinary power in the High Court under Articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such High Court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in Articles 226 and 227 itself. No useful purpose will be served by limiting the power of the High Court by procedural provisions prescribed in the Code. Of course, on many questions, the provisions and procedures prescribed under the Code can be taken up as guide while exercising the power, for granting relief to persons, who have invoked the jurisdiction of the High Court. It need not be impressed that different provisions and procedures under the Code are based on well-recognised principles for exercise of discretionary power, and they are reasonable and rational. But at the same time, it cannot be disputed that many procedures prescribed in the said Code are responsible for delaying the delivery of justice and causing delay in securing the remedy available to a person who pursues such remedies. The High Court should be left to adopt its own procedure for granting relief to the persons concerned. The High Court is expected to adopt a procedure which can be held to be not only reasonable but also expeditious.
Allahabad High Court Cites 44 - Cited by 0 - S Chandra - Full Document

Dr. Pankaj Kumar Shrivastava vs The State Of Madhya Pradesh on 7 February, 2023

11. We have not been able to appreciate the anxiety on the part of the different courts in judgments referred to above to apply the provisions of the Code to writ proceedings on the basis of Section 141 of the Code. When the Constitution has vested extraordinary power in the High Court under Articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such High Court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in Articles 226 and 227 itself. No useful purpose will be served by limiting the power of the High Court by procedural provisions prescribed in the Code. Of course, on many questions, the provisions and procedures prescribed under the Code can be taken up as guide while exercising the power, for granting relief to persons, who have invoked the jurisdiction of the High Court. It need not be impressed that different provisions and procedures under the Code are based on well-recognised principles for exercise of discretionary power, and they are reasonable and rational. But at the same time, it cannot be disputed that many procedures prescribed in the said Code are responsible for delaying the delivery of justice and causing delay in securing the remedy available to a person who pursues such remedies. The High Court should be left to adopt its own procedure for granting relief to the persons concerned. The High Court is expected to adopt a procedure which can be held to be not only reasonable but also expeditious.''
Madhya Pradesh High Court Cites 13 - Cited by 0 - V Agarwal - Full Document

Bonbehari Roy And Ors. vs Kolkata Metropolitan Development ... on 18 May, 2004

6. Mr. Chatterjee relies on the decisions In Jogendra Chandra Sen v. Wazidunnissa Khatun, (1907) ILR 34 Cal 860; Kilachand Devchand and Co. v. Ajodhyaprasad Sukhanand AIR 1934 Bom 452; Sm. Moni Manjuri Dassi v. Mrs. Razik , ; Dokku Bhushayya v. Katragadda Ramakrishnayya, ; Rokyayabl v. Ismail, ; Vinay Kumar Vijay Kumar Ganodia v. Canton Carpentary Works (P) Ltd. (1991) 1 Cal LJ 136; and Food Corporation of India v. S. N. Nagarkar, .
Calcutta High Court Cites 17 - Cited by 35 - J K Biswas - Full Document

Hon'Ble Secretary And Correspondent, ... vs State Of Andhra Pradesh And Others on 5 December, 1996

Union Territory of Chandigarh, (FB) and by the High Court of Karnataka in Rokyabi v. Ismail Khan, . (Rule 32 of the Writ Rules of Punjab and Haryana High Court and Rule 39 of the Writ Proceeding Rules of Karnataka High Court are in pan materia with Rule 24 of the Writ Proceeding Rules of A.P.). The Supreme Court has disapproved such a procedure in applying such rules by the High Courts to do something which was not permissible in view of the exclusion of the proceedings under Art. 226 from the purview of S. 141 of the Code.
Andhra HC (Pre-Telangana) Cites 20 - Cited by 13 - V R Reddy - Full Document

M/S. Al-Can Export Pvt. Ltd vs Prestige H.M. Polycontainers Ltd. And ... on 9 July, 2024

11. We have not been able to appreciate the anxiety on the part of the different courts in judgments referred to above to apply the Civil Appeals @ SLP (C) No. 29334-35 of 2016 Page 40 of 58 provisions of the Code to writ proceedings on the basis of Section 141 of the Code. When the Constitution has vested extraordinary power in the High Court under Articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such High Court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in Articles 226 and 227 itself. No useful purpose will be served by limiting the power of the High Court by procedural provisions prescribed in the Code.
Supreme Court of India Cites 33 - Cited by 0 - Full Document

Arjun De & Anr vs Employees' P. F. Organization & Ors on 11 December, 2024

11. We have not been able to appreciate the anxiety on the part of the different courts in judgments referred to above to apply the provisions of the Code to writ proceedings on the basis of Section 141 of the Code. When the Constitution has 6 vested extraordinary power in the High Court under Articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such High Court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in Articles 226 and 227 itself. No useful purpose will be served by limiting the power of the High Court by procedural provisions prescribed in the Code. Of course, on many questions, the provisions and procedures prescribed under the Code can be taken up as guide while exercising the power, for granting relief to persons, who have invoked the jurisdiction of the High Court. It need not be impressed that different provisions and procedures under the Code are based on well-recognised principles for exercise of discretionary power, and they are reasonable and rational. But at the same time, it cannot be disputed that many procedures prescribed in the said Code are responsible for delaying the delivery of justice and causing delay in securing the remedy available to a person who pursues such remedies. The High Court should be left to adopt its own procedure for granting relief to the persons concerned. The High Court is expected to adopt a procedure which can be held to be not only reasonable but also expeditious.
Calcutta High Court (Appellete Side) Cites 16 - Cited by 0 - Full Document
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