nisi under O.XXXV, r. 4 of the
Supreme Court Rules and the rule nisi could be heard and an
appropriate order passed in terms ... before the Court, and rule 244 of the Crown Office Rules,
1886, corresponding to rule 225 of the Crown Office Rules,
1906 which gave sanction
Mitra, J.
1. This is an application for a rule nisi in a petition for a writ of quo warranto. The petition was moved ... this application, but some of them opposed the issue of a rule
nisi, while others supported the petitioner.
2. Briefly stated the events that have
there is a 'prima facie' case for a Rule and a Rule Nisi should issue and the petition should not be rejected ... issue is only of a prima facie case for a Rule or a Rule nisi but the final stage or the final hearing
Gajendragadkar, JThe short and initial question as to whether a rule
nisi should be issued on the petition filed by the respondent, Jyoti
Prokash Mitter ... this it was not necessary to
issue a rule nisi on it, and so on 3 January 1962 he dismissed the petition
in limine
Aggrieved by the order of reversion, the respondent obtained a Rule Nisi which was made absolute by a judgment and order dated June ... prayed for by the respondent in the writ petition and the Rule Nisi was issued with regard to these reliefs and none other
Rules; whereas Rule 12(e) of the Rules empowers the Registrar to permit service of notice or Rule Nisi directly, and therefore, permission granted ... Rule 451 of the Rules. Further, qualifications for recognition as a recognised clerk are laid down in Rule 452 of the Rules. Rule
record.
5. Learned Counsel for the fourth respondent contended that the rule nisi that had been granted to the petitioner ought to be discharged without ... affidavit on the basis of which the petitioner obtained the rule nisi.
6. That the obligation of a person invoking the special writ jurisdiction
judgment and order of a learned single Judge making absolute the Rule Nisi issued on the application of the writ petitioners who are some unsuccessful ... prayer of the writ petitioners for the issuance of a Rule Nisi and the granting of an interim injunction by filing affidavits. The matter
filing of nominations"
In fact on June 04, 2015 rule nisi was issued in
the writ petition. But by the impugned order, the writ ... quite sometime and in fact
question of law being raised and rule nisi being
issued, was improper. Learned senior counsel
contended that
Rules. Clause (a) of Rule 13
of the Rules provides that if the Court is satisfied, shall
direct the rule nisi to the respondent calling ... notice under the proviso to Rule 13 of the Writ
Proceedings Rules as to why Rule Nisi should
not be issued (i.e., notice