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1 - 10 of 15 (0.22 seconds)Article 32 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Article 227 in Constitution of India [Constitution]
Ramesh Chandra Sankla Etc vs Vikram Cement Etc on 8 July, 2008
"61. From the above case law, it is clear that it
is open to the petitioner to withdraw a petition filed by him.
Normally, a court of law would not prevent him from
withdrawing his petition. But if such withdrawal is without the
leave of the court, it would mean that the petitioner is not
interested in prosecuting or continuing the proceedings and he
abandons his claim. In such cases, obviously, public policy
requires that he should not start a fresh round of litigation and
the court will not allow him to reagitate the claim which he
himself had given up earlier."
Puran Singh & Ors vs State Of Punjab & Ors on 18 January, 1996
"Section 141 of the Code of Civil Procedure clearly
lays down that the procedure provided in the said Code is to be
followed in regard to suits and are to be made applicable in all
proceedings in any Court of civil jurisdiction but by its
Explanation while the word "proceedings" includes proceeding
under Order IX but does not include one under Article 226 of
the Constitution of India. It is thus, evident that the provisions
Patna High Court CWJC No.421 of 1988 dt.17-01-2017
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of the Code of Civil Procedure cannot per se apply to writ
proceedings although certain principles enunciated therein have
been applied in writ proceedings from time to time. Thus, there
cannot be any automatic application of the provisions of the
Code of Civil Procedure in the matter of writ petitions or writ
appeals and for the said reason the period of three years
prescribed in the residuary Article 137 of the Limitation Act
would not also be attracted in proceedings arising out of Article
226 of the Constitution of India including writ appeals. Thus,
there cannot be any fixed period so far as substitution of the
heirs and legal representatives in a writ petition or writ appeal is
concerned. That has also been clearly held by the Supreme
Court in Puran Singh's case (supra) holding that there is no
question of abatement and it is for the Court to take into
consideration the facts and circumstances of a particular case
for the purpose of condoning or not the delay in filing the
application for substitution of the legal representatives. That
being the legal position, we do not think that it is open to the
Courts to prescribe any fixed period for the purpose of filing a
substitution petition and for abatement of the writ petition or
writ appeal due to non-substitution on that account."
Section 141 in The Code of Civil Procedure, 1908 [Entire Act]
The Limitation Act, 1963
Daryao And Others vs The State Of U. P. And Others(And ... on 27 March, 1961
In the present case, learned counsel for the petitioner
refers to a Constitution Bench judgment reported as Daryao and
others Vs. State of U.P. and others, A.I.R. 1961 Supreme Court 1457
and B. Prabhakar Rao and others Vs. State of Andhra Pradesh and
others, A.I.R. 1986 Supreme Court 210 to contend that the dismissal
of the petition without speaking order which will include withdrawal
of a writ application will not bar the invocation of the jurisdiction of
the Court again in a petition under Article 226 of the Constitution of
Patna High Court CWJC No.421 of 1988 dt.17-01-2017
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India.
B. Prabhakar Rao & Ors. Etc vs State Of Andhra Pradesh & Ors. Etc.Etc on 19 August, 1985
In the present case, learned counsel for the petitioner
refers to a Constitution Bench judgment reported as Daryao and
others Vs. State of U.P. and others, A.I.R. 1961 Supreme Court 1457
and B. Prabhakar Rao and others Vs. State of Andhra Pradesh and
others, A.I.R. 1986 Supreme Court 210 to contend that the dismissal
of the petition without speaking order which will include withdrawal
of a writ application will not bar the invocation of the jurisdiction of
the Court again in a petition under Article 226 of the Constitution of
Patna High Court CWJC No.421 of 1988 dt.17-01-2017
4/11
India.