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Aug 30 1938

Rajendra Kishore Sahi Vs. Nand Prasad

Court : Allahabad

Decided on : Aug-30-1938

Subject : Civil

Reported in : AIR1938All641

between Judges constituting a Division Bench hearing a first appeal to be governed by Clause 27 of the Letters Patent of this Court or by Section 98, Civil P.C.' The appellant has contended that the procedure to be … procedure to be adopted in cases of this kind is that laid down in Clause 27 of the Letters Patent of this Court. That Clause reads as follows:And we do hereby declare that any function which is hereby

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Aug 10 1981

Shah Babulal Khimji Vs. Jayaben D. Kania and anr.

Court : Supreme Court of India

Decided on : Aug-10-1981

Subject : Civil

Acts : Companies Act - Sections 202; Code of Civil Procedure (CPC) , 1908 - Sections 1, 2, 2(2), 2(9), 3, 4, 4(1), 5, 10, 16, 17, 20, 35A, 37, 47, 80, 91, 92, 95, 96 to 112, 116 to 120, 122, 125, 129, 144, 592 and 622 - Order 7, Rules 10 and 11 - Order 9, Rule 8 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 to 8 - Order 38, Rules 2, 3 and 6 - Order 39, Rules 1, 2, 2A, 4 and 10 - Order 40, Rules 1 and 4 - Order 41, Rule 10 - Order 43, Rule 1 - Order 49, Rule 3; Code of Civil Procedure (CPC) , 1877 - Sections 588 to 591, 622; Code of Civil Procedure (CPC) , 1882 - Sections 588; Arbitration Act - Sections 39; Government of India Act - Sections 108; Indian High Courts Act, 1961 - Sections 13; Letters Patent Act, 1866; Code of Civil P

Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187

not maintainable as the Order impugned was not a judgment within the meaning of clause 15 of the Letters Patent of the High Court.2. After hearing counsel for the parties at great length we passed the following Order … Order impugned (order of the Single Judge) was not a judgment as contemplated by Clause 15 of the letters patent of the High Court. Hence, this appeal by special leave.5. The substantial questions of law raised in this

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Oct 07 2004

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Decided on : Oct-07-2004

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

of Section 104 of the Code of Civil Procedure (for short, 'the Code') vis-a-vis Clause 15 of the Letters Patent of the High Court of Madras is in question in these appeals.BACKGROUND FACTS:2. Although these appeals involve common … by a learned Single Judge of the Madras High Court by a judgment and order dated 8.10.1990. A Letters Patent Appeal there against purported to be in terms of Clause 15 of the Letters Patent of the Madras

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Jun 05 2006

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Decided on : Jun-05-2006

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 4, 4(1), 31, 34, 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 104A and 141 - Order 9 - Order 16 - Order 18 - Order 21 - Order 43, Rule 1; Code of Civil Procedure (CPC) , 1877 - Sections 588; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1859; Code of Civil Procedure (CPC) , 1882 - Sections 588, 638 and 652; Motor Vehicles Act, 1988 - Sections 140, 173 and 173(2); Workmen's Compensation Act, 1923 - Sections 4A, 12(2), 19, 23, 27 and 30; Land Acquisition Act, 1894 - Sections 54; Government of India Act, 1915 - Sections 71, 72, 107 and 108; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Arbitration Act, 1940 - Sections 39,

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

100A in the Code of Civil Procedure, 1908 (for short 'the Code') by Act No. 22 of 2002, Letters Patent Appeal is maintainable against the judgment rendered by a Single Judge in an appeal arising out of a … his judgment dated 24-7-2003. Feeling dissatisfied, M/s. United India Insurance Company filed appeal under Clause 15 of the Letters Patent. At the time of scrutiny, an objection was taken by the Registry of the Court to the very

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Aug 07 2002

B.F. Pushpaleela Devi Vs. State of A.P., Rep. by Its Secretary, Educat ...

Court : Andhra Pradesh

Decided on : Aug-07-2002

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 104 and 104(2) - Order 43, Rule 1 - Order 47, Rules 4, 4(2) and 7(1); Government of India Act - Sections 107

Reported in : 2002(5)ALD1; 2002(5)ALT103

Ar. Lakshmanan, C.J.1. Whether an Appeal under Clause 15 of the Letters Patent filed against an order passed by a learned single Judge in a Review Petition declining to review the … 5. Against the said order, the appellant has filed the present Writ Appeal under Clause 15 of the Letters Patent. 6. When the Writ Appeal came up for admission, noticing conflicting decisions on the issue by different Full

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Oct 06 1939

Vaman Ravji Kulkarni Vs. Nagesh Vishnu Joshi

Court : Mumbai

Decided on : Oct-06-1939

Subject : Civil

Reported in : AIR1940Bom216; (1940)42BOMLR428

N.J. Wadia, J.1. This is a Letters Patent appeal against an order mad by Mr. Justice Norman sitting singly in an appeal from an order made … order of the District Court remanding the suit for disposal on the remaining issues. Against this order a Letters Patent appeal has been filed. 3. A preliminary objection is raised on behalf of respondents Nos. 1 and 2,

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Jan 04 1974

Muthuraman Elementary School Committee and anr. Vs. Noble Raj J. and a ...

Court : Chennai

Decided on : Jan-04-1974

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60 - Order 21, Rule 46

Reported in : AIR1975Mad19

a single Judge of the High Court, is a judgment' within the meaning of Clause 15 of the Letters Patent? Even in this restricted form, the issue involves a conflict of the case law in this Court. In … appeal, is not a 'judgment' which can be the subject of an appeal under Clause 15 of the Letters Patent. In P. baba Sah v. Purushottama Sah 47 Mad LJ 932 = (AIR 1925 Mad 167), Spencer C.

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Jul 01 1966

L.C.T.L.P.L. Palaniappa Chettiar and ors. Vs. M.R. Krishnamurthy Chett ...

Court : Chennai

Decided on : Jul-01-1966

Subject : Civil

Acts : Arbitration Act - Sections 39(1); Limitation Act - Sections 3 and 5; Madras Court-fees and Suits Valuation Act, 1955; Code of Civil Procedure (CPC), 1908 - Sections 115, 149 and 300 - Order XII, Rule 9 - Order 23, Rules 1 and 2 - Order XLI, Rules 1 and 5; Government of India Act, 1935 - Sections 205(1)

Reported in : AIR1968Mad1

a single Judge of the High Court, is a judgment' within the meaning of Clause 15 of the Letters Patent? Even in this restricted form, the issue involves a conflict of the case law in this Court. In … appeal, is not a 'judgment' which can be the subject of an appeal under Clause 15 of the Letters Patent. In P. baba Sah v. Purushottama Sah 47 Mad LJ 932 = (AIR 1925 Mad 167), Spencer C.

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Dec 12 2007

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Decided on : Dec-12-2007

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(14), 4, 16, 17, 20, 96, 100, 100A, 110 and 115; Workmen's Compensation Act - Sections 23 and 30; Motor Vehicles Act - Sections 110, 140, 163A, 166, 169(2), 173 and 176; Land Acquisition Act - Sections 54; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 4(1); Companies Act, 1956 - Sections 10F, 12F, 397, 398 and 483; Rajasthan High Court Ordinance, 1949 - Sections 18; Motor Vehicles Rules - Rules 275 and 276; Bombay Public Trusts Act - Sections 72; Letters Patent Act - 30, 70, 72, 72(1) and 108

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

Company raised a very serious objection to the tenability of this intra-Court appeal under Clause 15 of the Letters Patent, we would examine whether such an appeal is tenable, in order to find out if the judgment of … corrected by us in exercise of appellate jurisdiction.10. Learned Advocate Mrs. Smita Deshpande for the respondent contended that Letters Patent Appeal was not tenable in view of the decision of this Court in Dhondubai v. J.K. Sugar Factory

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Nov 21 2002

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Decided on : Nov-21-2002

Subject : Civil

Acts : Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962; Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1981; Constitution of India - Articles 225, 226 and 227; Uttar Pradesh Intermediate Education Act, 1921 - Sections 9; Uttar Pradesh Intermediate Education Regulations; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 48; Court Rules, 1952 - Rule 5

Reported in : (2003)1UPLBEC496

Chapter VIII, Rule 5 of the Court. Elaborating his submissions. Dr. Padia contended that under Clause 10 of Letters Patent of Allahabad High Court special appeal is maintainable even against award of Labour Court. Reliance has been placed … and Ors., for the proposition that in the foresaid case the Apex Court observed that Clause 10 of Letters Patent of Allahabad High Court is similar to Clause 15 of Letters Patent of Calcutta, Bombay and Madras. Dr.

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