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Documents citing Babubhai Muljibhai Patel vs Nandlal Khodidas Barot & Ors on 17 September, 1974

Sulabh International Social Service ... vs Regional Provident Commissioner & Anr on 17 May, 2017

If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal had said that (SCC Headnote p. 707) the words "as far as it can be made applicable" occurring in Section 141 of the Code made it clear that in applying the various provisions of the Code to the proceedings other than those of a suit, the court has to take into consideration the nature of those proceedings and the reliefs sought for" after introduction of the explanation the writ proceedings have to be excluded from the expression "proceedings" occurring in Section 141 of the Code. If because of the explanation, proceeding under Article 226 of the Constitution has been excluded, there is no question of making applicable the procedure of Code 'as far as it can be made applicable' to such proceeding. The procedures prescribed in respect of suit in the Code if are made applicable to the writ proceedings then in many cases it may frustrate the exercise of extra- ordinary powers by the High Court under Articles 226 and 227 of the Constitution".
Patna High Court Cites 44 - Cited by 0 - S P Singh - Full Document

Puran Singh & Ors vs State Of Punjab & Ors on 18 January, 1996

If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal (supra) had said that the words "as far as it can be made applicable occurring in Section 141 of the Code made it clear that in applying the various provisions of the Code to the proceedings other than those of a suit, the court has to take into consideration the nature of those proceedings and the reliefs sought for"
Supreme Court of India Cites 24 - Cited by 43 - N P Singh - Full Document

Sp. Vairavan vs The Sub-Registrar on 24 October, 2024

If even before the introduction of the Explanation to Section 141, this Court in the case Babubhai v. Nandlal, AIR 1974 SC 2105 had said that (SCC Headnote p. 707) the words “as far as it can be made applicable” occurring in Section 141 of the Code made it clear that, in applying the various provisions of the Code to the proceedings other than those of a Suit, the Court has to take into consideration the nature of those proceedings and the reliefs sought for after introduction of the Explanation the Writ proceedings have to be excluded from the expression 28/49 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 12:15:01 pm ) W.A (MD) No. 462 of 2025 ‘proceedings’ occurring in Section 141 of the Code. If because of the Explanation, proceeding under Article 226 of the Constitution has been excluded, there is no question of making applicable the procedure of Code “as far as it can be made applicable” to such proceeding. The procedures prescribed in respect of Suit in the Code if are made applicable to the Writ proceedings then in many cases it may frustrate the exercise of extraordinary powers by the High Court under Articles 226 and 227 of the Constitution....”
Madras High Court Cites 65 - Cited by 0 - J N Banu - Full Document

Vipulbhai M Chaudhary - Chairman vs State Of Gujarat - Through Registrar & 6 on 17 January, 2014

34. Mr. Naik, learned counsel appearing for the petitioner did make attempt to contend that apart from the decision of the Apex Court in the case of Pratap Chandra Mehta (supra), the learned Single Judge in his decision in the case of Babubhai Kalidas Patel (supra) has considered other decision of the Apex Court in the case of Mohan Lal Tripathi Vs. District Magistrate reported in AIR 1993 SC 2042:1992 4 SCC 80, Bhanumatiben Vs.State of UP, (2010) 12 SCC 1, Afjal Imam Vs. State of Bihar reported at 2011 AIR SCW 2722 and Ravi Yashwant Bhoir Vs. District Collector, Raigadh (2012) 4 SCC 407 and therefore, this Court may further examine the aspect as to whether motion of no confidence can be considered in a case where there is no express provision under the statute or law. In the submission of the learned counsel, such cannot and could not be considered for ousting any person from the post.
Gujarat High Court Cites 38 - Cited by 3 - J Patel - Full Document

Pralay Kumar Sarkar vs State Of West Bengal & Ors on 9 January, 2024

If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal had said that (SCC Headnote p. 707) the words "as far as it can be made applicable" occurring in Section 141 of the Code made it clear that, in applying the various provisions of the Code to the proceedings other than those of a suit, the court has to take into consideration the nature of those proceedings and the reliefs sought for after introduction of the explanation the writ proceedings have to be excluded from the expression 'proceedings' occurring in Section 141 of the Code. If because of the explanation, proceeding under Article 226 of the Constitution has been excluded, there is no question of making applicable the procedure of Code "as far as it can be made applicable" to such proceeding. The procedures prescribed in respect of suit in the Code if are made applicable to the writ proceedings then in many cases it may frustrate the exercise of extraordinary powers by the High Court under Articles 226 and 227 of the Constitution.
Calcutta High Court (Appellete Side) Cites 10 - Cited by 0 - A Roy - Full Document

Shrimant vs Mrunalinidevi on 23 September, 2011

If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal, (AIR 1974 SC 2105) (supra) had said that the words "as far as it can be made applicable occurring in Section 141 of the Code made it clear that in applying the various provisions of the Code to the proceedings other than those of a suit, the Court has to take into consideration the nature of those proceedings and the reliefs sought for" after introduction of the explanation the writ proceedings have to be excluded from the expression "proceedings" occurring in Section 141 of the Code. If because of the explanation, proceeding under Article 226 of the Constitution has been excluded, there is no question of making applicable the procedure of Code' as far as it can be made applicable' to such proceeding. The procedures prescribed in respect of suit in the Code if are made applicable to the writ proceedings then in many cases it may frustrate the exercise of extra-ordinary powers by the High Court under Articles 226 and 227 of the Constitution."
Gujarat High Court Cites 17 - Cited by 0 - J B Pardiwala - Full Document

Sureshbhai Suvalal Jayswal & vs State Of Gujarat & 12 on 28 August, 2015

In this background, according to us, it cannot be held that the provisions contained in Order 22 of the Code are applicable per se to writ proceedings.If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal, (AIR 1974 SC 2105) (supra) had said that the words "as far as it can be made applicable occurring in Section 141 of the Code made it clear that in applying the various provisions of the Code to the proceedings other than those of a suit, the Court has to take into consideration the nature of those proceedings and the reliefs sought for" after introduction of the explanation the writ proceedings have to be excluded from the expression "proceedings" occurring in Section 141 of the Code. If because of the explanation, proceeding under Article 226 of the Constitution has been excluded, there is no question of making applicable the procedure of Code' as far as it can be made applicable' to such proceeding. The procedures prescribed in respect of suit in the Page 7 of 12 HC-NIC Page 7 of 12 Created On Mon Sep 07 02:41:24 IST 2015 C/CA/6953/2014 JUDGMENT Code if are made applicable to the writ proceedings then in many cases it may frustrate the exercise of extra-ordinary powers by the High Court under Articles 226 and 227 of the Constitution.
Gujarat High Court Cites 23 - Cited by 3 - C L Soni - Full Document

Rajmati Devi vs The State Of Bihar on 2 August, 2024

14. AIR (1963) SC 946 : (1962) 45 ITR 414 : (1963) 1 SCR 1 Patna High Court MJC No.59 of 2024(5) dt.02-08-2024 5/7 purpose is likely to be defeated. According to us, in view of the conflicting opinions expressed by the different courts, Parliament by the aforesaid amending Act introduced the explanation saying that in Section 141 of the Code the expression 'proceedings' does not include "any proceedings under Article 226 of the Constitution" and statutorily recognised the views expressed by some of the courts that writ proceedings under Article 226 of the Constitution shall not be deemed to be proceedings within the meaning of Section 141 of the Code. After the introduction of the explanation to Section 141 of the Code, it can be said that when Section 141 provides that the procedure prescribed in the Code in regard to suits shall be followed, as far as it can be made applicable "in all proceedings in any court of civil jurisdiction" it shall not include a proceeding under Article 226 of the Constitution. In this background, according to us, it cannot be held that the provisions contained in Order 22 of the Code are applicable per se to writ proceedings. If even before the introduction of the explanation to Section 141, this Court in the case of Babubhai v. Nandlal13 had said that (SCC Headnote p. 707) the words "as far as it can be made applicable"
Patna High Court - Orders Cites 17 - Cited by 0 - R R Prasad - Full Document
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