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Jun 22 2009

Shri Sanjay Z. Rane, Vs. Smt. Saibai S. Dubaxi (Since Deceased Through ...

Court : Mumbai

Decided on : Jun-22-2009

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 100A; Land Acquisition Act, 1894 - Sections 4, 6, 9(2), 18, 25 and 53; Benami Transactions (Prohibition) Act, 1988; Goa, Daman and Diu (Administration) Act, 1962 - Sections 1, 5, 6, 7 and 8; Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act 1964 - Sections 3, 8 and 11; Maharashtra High Court (Hearing of Writ Petitions, by Division Bench and Abolition of Letters Patent Appeals) Act, 1986; Goa, Daman and Diu Reorganisation Act, 1987 - Sections 20, 20(1), 20(3), 20(4), 22, 25 and 30; Small Causes Act; Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 - Sections 3, 4, 7(2), 7(3), 9 and 13; States Reorganisation Act, 1956 - Sections 52, 54, 57 and 69; Goa Land Revenue Code

Reported in : 2009(111)BomLR2668

It appears that on 18.9.2002, this Court took a view that Section 4 of Code of Civil Procedure (Amendment) Act, 2002, especially in relation to Section 100A thereof was applicable retrospectively and, therefore, letters patent appeals already filed were … 1956 and it is contended that said provision is pari materia with Section 4 of 1981 Act or Section 22 of 1987 Act. It is contended that Section 3 does not extend jurisdiction of Bombay High Court to … B.P. Dharmadhikari, J.1. Letters Patent Appeal was disposed of on 18.9.2002 by this Court and said Judgment

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Sep 27 2006

John George Vs. Stewards Association in India

Court : Kerala

Decided on : Sep-27-2006

Subject : Civil

Acts : Tamil Nadu Societies Registration Act; Kerala High Court Act, 1958 - Sections 3(13) and 5; Privy Council Jurisdiction Act, 1949; Government of India Act, 1935; Federal Court (Enlargement of Jurisdiction) Act, 1947; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Land Acquisition Act; Motor Vehicles Act; Letter Patent Act; Adoption of Laws Order, 1950; Constitution of India - Articles 136, 372(1) and 395; Code of Civil Procedure (CPC) , 1908 - Sections 100A, 104, 104(1), 104(2), 109 and 110 - Order 43, Rule 1

Reported in : AIR2007Ker57; 2006(4)KLT405

costs are made easy. - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals … the case aforesaid would reveal that the suit was instituted on April 22, 1948. The trial court passed the judgment dismissing the suit on November … Federal Court under the Federal Court (Enlargement of Jurisdiction) Act, 1947 read with Clause 39 of the Letters Patent (Mad) and Sections 109 and 110 of the Code of Civil Procedure provided the conditions thereof were satisfied,

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Jul 29 2003

Ganesh Singh and anr. Vs. Bishram Singh and ors.

Court : Jharkhand

Decided on : Jul-29-2003

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : [2003(3)JCR527(Jhr)]

learned Single Judge of this Court on 21.1.2002. This appeal was filed invoking Clause 10 of the Letter Patent. The Code of Civil Procedure, as amended by Act 22 of 2002 and Act 46 of 1999 was … 100A was inserted in the Code of Civil Procedure by Section 38 of the Code of Civil Procedure Amendment Act, Act 104 of 1976. The said section as inserted then read as follows : 'No further appeal in

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Sep 24 2008

Mahammed Saud and ors. Vs. Dr. (Maj) Shaikh Mahfooz and anr.

Court : Orissa

Decided on : Sep-24-2008

Subject : Civil

Reported in : AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46

Order, 1948, this Letters Patent Appeal can be entertained in view of amendment of the CPC by the Amendment Act 22 of 2002 after 1st July, 2002.13. Before proceeding further, it would be prudent to quote the relevant … the Letters Patent Appeal was not maintainable in view of amendment of Section 100-A CPC against the judgment/order of a learned Single Judge. Similar view … a learned Single Judge of this Court in FAO No. 386 of 2007 is assailed in this Letters Patent Appeal. In the FAO an order of September 9, 2005 passed by the Ad hoc Addl. District Judge,

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Aug 12 2008

Ajanta Pharma Limited Vs. the Controller General of Patents and Others

Court : Intellectual Property Appellate Board IPAB

Decided on : Aug-12-2008

Subject : Land Acquisition

the opposition to the grant of patent. It is also to be noted that section 47 of the Patents (Amendment) Act, 2002 states that “for chapter XIX of the principal Act, the following chapter shall be substituted, namely, Chapter XIX … the Patents Act, 1970 (in short the principal Act) against the order of the respondent No. 2 dated 22.03.2007, in an opposition to the patent application No. 85/DEL/95 by way of third party representation opposition under section

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Aug 01 2002

S. Shiva Raja Reddy and ors. Vs. S. Rahgu Raj Reddy and ors.

Court : Andhra Pradesh

Decided on : Aug-01-2002

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Benami Transactions (Prohibition) Act, 1988

Reported in : 2002(5)ALD181; 2002(4)ALT594

Matched in: Citation 2002(5)ALD181; 2002(4)ALT594

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Jun 22 2007

Ramesh Chandra Das Vs. Kishore Chandra Das and ors.

Court : Orissa

Decided on : Jun-22-2007

Subject : Civil

Reported in : AIR2007Ori146

and decree of such single Judge.Section 100A was first introduced by amendment by the Code of Civil Procedure (Amendment) Act, 1976. Section 97 of that Amending Act contained the provisions for Repeal and Savings. Section 97(2)(n) of the … the Code, as amended in 2002.100A. No further appeal in certain cases --Notwithstanding anything contained in 'any Letters Patent for any High Court or in any other instrument having the force of law or in any other … passed by the Civil Judge (Senior Division), Bhubaneswar in Title Suit No. 223 of 1990. By that order the learned trial Judge removed Ramesh Chandra

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Feb 03 2006

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Decided on : Feb-03-2006

Subject : Civil

Acts : Indian High Courts Act; General Clauses Act, 1897; Arbitration and Conciliation Act, 1996 - Sections 8; Contempt of Courts Act, 1971 - Sections 15; Life Insurance Corporation Act; Arbitration Act, 1940; Partnership Act - Sections 69; Code of Civil Procedure (CPC) - Sections 4, 16, 17, 20, 26, 26(2), 100A, 104, 116, 120 and 129 - Order 1, Rule 8 - Order 4, Rules 1, 1(2), 1(3) and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9, 11 and 15 - Order 8, Rule 1 - Order 49; Calcutta High Court Original Side Rules - Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

46 of 1999 with effect from 1st July 2002. Prior to such amendment, there was no general provision regarding verification of pleadings in a plaint … introduced in the Code by the Amending Acts 46 of 1999 and 22 of 2002, it was observed in paragraph 16 that the attention of … therein.20. Before the Division Bench, it was submitted on behalf of the appellants that prior to 1st July, 2002, Section 26 of the Code merely indicated that every suit shall be instituted by the presentation of a plaint … 1861, the British Parliament passed the Indian High Courts Act which empowered the Crown to establish, by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay. Consequent to such authority, the Letters Patent dated 14th

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Aug 11 2006

Kamal Kumar Dutta and anr. Vs. Ruby General Hospital Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-11-2006

Subject : Company

Acts : Companies Act, 1956 - Sections 10E, 10F, 53, 81(1A) 189, 193, 283(1), 397, 397(1), 398, 398(1), 399, 402 and 483; Companies (Amendment) Act, 1988; Foreign Exchange Regulation Act, 1973 - Sections 19(1); Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) - Sections 4, 4(1), 100A, 104(1) and 104(2); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Companies (Amendment) Act, 1991

Reported in : [2006]134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; [2006]70SCL222(SC)

:483. Appeals from orders.- Appeals from any order made or decision given before the commencement of the Companies(Second Amendment) Act, 2002, in the matter of the winding up of a company by the Court shall lie to the same … and 398 of Companies Act, 1956, Section 100A of Code of Civil Procedure and Clause 15 of Letters Patents - whether appeal against Order of Single Judge to Division Bench under Letters Patent is maintainable or not … India granted permission to allot shares in favour of Dr. Dutta on 22.3.1997 but the same was withdrawn on 20.5.1998 at the instance of the

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Mar 19 2003

Rajalakshmi Associates Vs. Sree Meenakshi Papers

Court : Kerala

Decided on : Mar-19-2003

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Kerala High Court Act, 1958 - Sections 5(2)

Reported in : 2003(2)KLT225

of the appeals has been questioned in view of Section 100-A introduced by the Code of Civil Procedure (Amendment} Act 2002 with effect from 1.7.2002. Section 100-Aof the Code of Civil Procedure is extracted below for easy reference.'100-A. No … to the scope and ambit of Section 100-A as amended by Act 22 of 2002.2. We may point out that Full Bench of the Madhya … is extracted below for easy reference.'100-A. No further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law

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