Supreme Court of India
Sarguja Transport Service v. State Transport Appellate Tribunal, M.P., Gwalior and Others
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10 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the principle underlying rule l of Order XXIII of the Code should be extended in the interests of administration of justice to cases of withdrawal of writ petition also, not on the ground of res judicata but on the ground of public policy as B explained above.
Judgment, page 9
From the headnote
Constitution of India, 1950: Articles 21, 32, 226 & 227-Writ 1-- Petition withdrawn without permission to file a fresh petition-Effect of-Petitioner whether precluded from filing any fresh petition/suit in respect of the same subject matter. c 1 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 de fendants at any time after the institution of the suit; sub-rule (3) lays down that where the court is
Where later benches applied it
- 2024 M/s Hpcl Bio-fuels Ltd. v. M/s Shahaji Bhanudas Bhad
- 2021 National Confederation of Officers Association of Central Public Sector Enterprises and Ors. v. Union of India and Ors.
- 2018 The Gauhati High Court through the Registrar General v. Goto Ete & Others
- 2016 Veerendra Kr. Gautam and Others v. Karuna Nidhan Upadhyay and Others
- 2011 Bakshi Dev Raj & Anr. v. Sudhir Kumar
- 2025 Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
- 2006 Jindal Vijayanagar Steel (jsw Steel Ltd.) v. Jindal Praxair Oxygen Company Ltd.
- 2005 Haryana State Coop. Land Development Bank v. Neelam
- 2004 Deb Narayan Shyam and Ors. v. State of West Bengal and Ors.
- 2017 Himachal Pradesh Financial Corporation v. Anil Garg and Others
Of those, 1 relied on · 4 referred to · 4 mentioned · 1 not applicable
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