NDLI: Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.p., Gwalior and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Applicability' of to cases of withdrawal of writ petitions
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Constitution of India, Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Constitution of India, 1950: Articles 21, 32, 226 & 227-Writ Petition withdrawn without permission to file a fresh petition-Effectof-Petitioner whether precluded from filing any fresh petition/suit in respect of the same subject matter. Civil Procedure Code, 1908: Order XXlll, Rule I-Applicability' of to cases of withdrawal of writ petitions.Sub-rule (I) of rule I, Order XXIII of the Code of Civil Procedure permits a plaintiff to abandon his suit against . all or any of the defendants at any time after the institution of the suit; sub-rule (3) lays down that where the court is satisfied (a) that a suit must fail by reasonof some formal defect, or (b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit,it may grant permission to him to withdraw from such suit with liberty to institute a fresh suit, while sub-rule (4) provides that where theplaintiff abandons any suit under sub-rule ( 1) or withdraws from it without the permission referred to in sub-rule (3), he shall be precludedfrom instituting any fresh suit in respect of such subject matter.The provisions of the Code of Civil Procedure, 1908 are not in terms applicable to the writ proceedings. However, the procedure prescribed, therein, as far as it can be made applicable, is followed by the High Court in disposing of the writ petitions.The petitioner withdrew its earlier writ petition filed under Art.226/227 of the Constitution without permission of the Court to file a fresh petition. Later on it filed another writ petition against the order assailed in the first petition. The High Court summarily dismissed ittaking the view that no second writ petition lies against the same order where the earlier petition was not withdrawn with permission to file afresh petition. In this petition· for special leave it was contended that since the High Court had not decided the earlier petition on merits but had only permitted the petitioner to withdraw it the withdrawal could not be treated as a bar to the subsequent writ petition.On the question: Whether a petitioner after withdrawing a writ petition filed by him in the High Court under Art. 226/227 of the Constitution without permission to institute a fresh petition can file a fresh writ petition in the High Court under these Articles, and whether itwould advance the cause of justice if the principle underlying rule I, Order XXIII of the Code of Civil Procedure is adopted in respect of thewrit petitions under these Articles.
Judge	N/A
Neutral Citation	1986 INSC 233
Petitioner	Sarguja Transport Service
Respondent	State Transport Appellate Tribunal, M.p., Gwalior And Others
SCR	[1987] 1 S.C.R. 200
Judgement Date	1986-11-12
Case Number	5665

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.p., Gwalior and Others

Please Log-in to view this content

Basant Roadways Vs. State Transport Appellate Tribunal & Ors.

Abdul Rehman and Ors. Vs. State Transport Appellate Tribunal & Ors.

Sanjay Musale Vs. State of M.p. and Ors.

Dr. Umrao Singh Choudhary Vs. State of M.p. and Anr.

Shyam Bahadur Tripathi Vs. U.p. State Public Services Tribunal and Ors.

Satya Narayan Athya Vs. High Court of M.p. and Anr.

Tekchand & Anr. Vs. Tekchand, Supdt. of Police & Ors.

State of Assam Vs. Ripa Sarma

Karam Singh Vs. State of Punjab & Anr.

Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.p., Gwalior and Others

Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.p., Gwalior and Others

Please Log-in to view this content

Similar Documents

Basant Roadways Vs. State Transport Appellate Tribunal & Ors.

Abdul Rehman and Ors. Vs. State Transport Appellate Tribunal & Ors.

Sanjay Musale Vs. State of M.p. and Ors.

Dr. Umrao Singh Choudhary Vs. State of M.p. and Anr.

Shyam Bahadur Tripathi Vs. U.p. State Public Services Tribunal and Ors.

Satya Narayan Athya Vs. High Court of M.p. and Anr.

Tekchand & Anr. Vs. Tekchand, Supdt. of Police & Ors.

State of Assam Vs. Ripa Sarma

Karam Singh Vs. State of Punjab & Anr.

Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.p., Gwalior and Others