Judgment Search Results Home > Cases Phrase: code of civil procedure amendment act 1999 section 10 substitution of new section for section 100a Page 1 of about 53 results (0.211 seconds)

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

..... at the motion stage, a question of wide ramification arises for consideration is whether the special appeal filed under article 225 of the constitution of india against the judgment of a learned single judge passed in an appeal preferred under section 173 of the motor vehicles act is not maintainable in view of section 100a introduced by the code of civil procedure (amendment) act, 2002 with effect from 1-7-2002?2. ..... accordingly, we hold that a special appeal against a judgment or order of a single judge in an appeal preferred under section 173 of the motor vehicles act is maintainable and the amended provision of section 100a, cpc introduced by the code of civil procedure (amendment) act, 2002 has no impact on the power of a division bench to entertain and adjudicate the same.35. ..... thus, amendment was made in the code of civil procedure (amendment) act, 2002 and further appeal (letters patent appeal) was abolished only against the judgment of a learned single judge in first appeal and right of appeal against the judgment of a learned single judge in a proceeding under article 226 or 227 of the constitution of india, which were there prior to the amendment act of 1999, was kept intact.19. ..... lad kanwar, (1993) 1 wlc (raj) 750, reading the expression used 'an appeal' under section 110-b (173 of the new act) held that against the judgment and award passed by the claims tribunal, only one appeal could be filed. ..... section 100a was substituted as under :'100-a. .....

Gandla Pannala Bhulaxmi Vs. Managing Director, Apsrtc and anr.

Court : Andhra Pradesh

Reported in : 2003ACJ2004; AIR2003AP458; 2003(4)ALT216; 2003(3)CTC667

..... for section 100-a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 of 1999) the following section is substituted:'100a ..... that the parliament made amendments to the code of civil procedure, 1908 (for short 'the code') under act 22 of 2002. ..... raja reddy (1 supra) interpreted the legal consequences that flow out of the newly inserted section 100a into the code of civil procedure, which prohibits preferring of further appeals in certain cases. ..... in our considered opinion, the provisions contained in section 100a of the code are equally applicable to the proceedings arising under the special enactments also since section 100a of the code specifically prohibits further appeal against the judgment and decree or order made by a learned single ..... we have already noticed that the newly incorporated section 100a of the code in clear and specific terms prohibits further appeal against the decree and judgment or order of a learned single judge to a division bench notwithstanding ..... similar to section 100a of the code, which prohibits filing of further appeal against the decree and judgment or order of a learned single judge to a division bench notwithstanding anything contained in letters patent, had fallen for consideration in ..... the division bench noticed the effect of non-obstante clause employed in section 100a prohibiting the filing of letters patent appeals against the decrees and judgments of a learned single judge - be it ..... the new act had .....

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Reported in : (2003)105BOMLR915

..... - for section 100a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 of 1999), the following section shall be substituted, namely:-100a. ..... we are clearly of the view that the said section 4 of the code of civil procedure (amendment) act, 2002 which substitutes by way of new section 100a which was brought into force on 1st july. ..... substitution of new section for section 100a. ..... shri usgaonkar contends that with regard to other amended portions the moment the code of civil procedure (amendment) act, 2002 came into force on 1st july, 2002 wherein the aforesaid provisions of section 6 of the general clauses act would come into full operation whereby all pending proceedings would be saved and protected and would be covered as if the new amendment act did not come into force, including the admitted letters patent appeals. ..... either not given its thought to the matter of prosecuting old offenders, or a provision dealing with that question has been inadvertently omitted, section 6 of the general clauses act will undoubtedly be attracted.but no such inadvertence can be presumed where there has been a fresh legislation on the subject and if the new act does not deal with the matter, it may be presumed that the legislature did not deem it fit to keep alive the liability incurred ..... but where there is a new law which not only repeals the old law, but is substituted in place of the old law, section 6(e) of the general clauses act. .....

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... section 100a was substituted by section 10 of the 38 of the code of civil procedure (amendment) act, 1999 (46 of 1999), which came into force with effect from 1.7.2002 ..... since such an appeal was possible only in view of the provision contained in section 5(ii) of the high court act, we are of the view that the amendment of section 100a of the code of civil procedure, no litigant can have a substantive right for a further appeal after 1.7.2002 on the ground that the proceedings from which that appeal arises was initiated prior to 1.7.2002 ..... learned counsel appearing for the appellants in both the appeals have argued that the wording of section 100a of the code of civil procedure shows that it deals only with further appeals from an original or appellate decree or order passed under the code of civil procedure and not under the provisions of special enactments like land acquisition act or motor vehicles act. ..... clause 10 seeks to substitute a new section 100-a with a view to provide for no further appeal in the above cases'.the legislature wanted to take away the further appeals not only from an original decree or order, but even the right of appeal conferred on the litigant against the decisions ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second appeal'.section 100a was introduced in the code of civil procedure for the first time with an intention to abolish the third appeal.10 .....

Avtar NaraIn Behal Vs. Subhash Chander Behal

Court : Delhi

Reported in : 154(2008)DLT140

..... section 100a was substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 of 1999) which came into force with effect from 1.7.2002. ..... the learned judges accordingly referred the following question of law for consideration by a larger bench:whether the letters patent appeal against the judgement of single judge of this court in first appeal would be maintainable having regard to the provisions of section 100a of the code of civil procedure as amended by amendment act, 20022. mr. ..... clause 10 seeks to substitute a new section 100-a with a view to provide for no further appeal in the above cases.the legislature wanted to take away the further appeals not only from an original decree or order, but even the right of appeal conferred on the litigant against the decisions ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second appeal.section 100a was thus introduced in the code of civil procedure for the first time with an intention to abolish the third appeal.6. .....

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

..... ' section 100a of the code which is in force from 1-7-2002 onwards as per the code of civil procedure (amendment act) 1999 as further amended by the amended act of 2002 reads as under :- '100a. ..... both these appeals have been placed before this full bench in view of the order dated 19-6-2002 of a division bench of this court referring the appeals for consideration and decision before the larger bench in view of the wide impact of the questions about interpretation of section 100a of the code of civil procedure and about maintainability of appeal under sub-section (5) of section 109 of the trade and merchandise marks act, 1958 (hereinafter referred to as 'the act' or 'the t.m. ..... letters patent against the decision of a learned single judge of the bombay high court passing an order under order 40, rule 1 for appointment of a court receiver in an original suit entertained by the court in the exercise of its original jurisdiction, the apex court referred to the entire scheme of the letters patent and the code of civil procedure, and after an exhaustive review of the authorities, overruled the bombay view in vaman ravji kulkarni (supra) and held that, in case ..... amendments act, 1999 and 2002 (that is, by 30th june, 2002) are not rendered incompetent on account of the aforesaid observations which were not called for in the first instance. ..... clause 10 seeks to substitute a new section 100a with a view to provide for no further appeal in the above cases. .....

Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.

Court : Guwahati

..... been admitted before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case ..... , such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the parties in an appeal are determined under the law in force on the date of the suit. ..... (v) a statute which not only changes the procedure but also creates new rights and liabilities shall be construed to be prospective in operation, unless otherwise provided, either expressly or by necessary implication ..... whether the letters patent appeal pending as on 1.7,2002 is maintainable or not, in view of section 100a of the code, was not the subject matter for consideration before the apex court. .....

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

..... counsel for respondents then invited attention to the code of civil procedure (amendment) act, 1999 (hereinafter referred to as '1999 act') and submitted that in section 32(2)(g) of the 1999 act it is specifically provided that the provisions of section 100a of the principal act, as substituted by section 10 of this act, shall not apply to or affect any appeal against the decision of a single judge of a high court under article 226 or 227 of the constitution which had been admitted before the commencement of section 10 and every such admitted appeal shall be disposed of as if section 10 had not come into force ..... the presumption against the intent to repeal by implication is thus overthrown if the new law is inconsistent with or repugnant to the old law, for the inconsistency or repugnancy reveals an intent to repeal the existing laws. ..... on plain reading of section 16 of the amendment act, 2002 it is clear that amended provisions shall not apply to certain pending proceedings as if the new act has not come into force ..... held that we have already referred to the cases dealing with change in law restricting letters patent appeals where the obvious intention was to reduce the number of such appeals, yet it was held that the new law did not affect any vested right of appeal in a pending suit. ..... , considering the scope of the case this court held that the legislative intention is clear and it will not affect the pending cases and they will be governed as if new act has not come into force.15. .....

Bada Bodaiah and anr. Vs. Bada Lingaswamy and ors.

Court : Andhra Pradesh

Reported in : 2003(1)ALD790

..... above said provision was substituted by the code of civil procedure (amendment act) 1999 and after amendment it reads as ..... but the harshness of the provision was taken away by section 8(i)(3) of the code of civil procedure (amendment) act, 2002 by substituting a new sub-rule (3) according to which in a given case with the leave of the court a document can be produced in evidence on behalf of the plaintiff which was not earlier annexed or produced at the time of presenting ..... the code of civil procedure (amendment) act, 1999 (central act 46 of 1999) and the code of civil procedure (amendment) act 2002 (central act 22 of 2002) were challenged before the supreme court in the salem advocate bar ..... a division bench of the supreme court by judgment dated 25.10.2002 while giving certain clarifications regarding the scope of various provisions namely sections 27, 18, 100a of the code of civil procedure as amended as well as order vii, rule 11; order xviii rule 4(1), order xviii rule 4(2), order xviii rule 17-a and order xli rule 9, appointed a committee to consider the difficulties and suggestions and observed as under:as already observed ..... per sub-rule (2) of order xiii cpc as it stood prior to amendment act, 1999, the documentary evidence which is not produced at or before settlement of issues shall not be received at any subsequent stage of proceedings unless good cause is shown to the satisfaction of the court for the non production of the documents at the time of settlement of issues .....

Balbhadra Singh @ Balbhadra Nr. Singh Vs. Ram Binod Singh and ors.

Court : Patna

..... according to the office note, the appeal is not maintainable in view of the provisions contained in section 100a of the code of civil procedure (for short 'the code').4. ..... however, in the same paragraph it is observed, 'whenever the statute provides such a bar, it is so expressly stated, as would appear from section 100a of the code of civil procedure'. ..... when a final order is passed in a contentious suit, as would be evident from the provisions contained in section 295 of the act, the procedures of the code of civil procedure are required to be followed. ..... learned counsel for the appellant has relied upon the following judgments of the supreme court in support of his submission and submitted that as the appeal was filed under section 229 of the act and not under the code and the provision of the act does not prevent filing of further appeal, the letters patent appeal is maintainable inspite of insertion of section 100a of the code by the new amendment :-(i) vanita m. ..... in the probate case, on 9.12.1975, the court below expunged the name of the sole applicant ram bakshis singh, who died on 15.7.1975 and substituted his heirs, who claimed to be legatees under the registered will in question. ..... this appeal is directed against the order dated 15.7.2004, passed by a learned single judge of this court allowing the appeal filed by the respondents against the order dated 24.6.1999, passed by the 3rd additional district judge, vaishali at hajipur, in probate case no. .....