Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... nature of the proceeding, it is beyond dispute that a review proceeding cannot be equated with the original hearing of the case, and the finality of the judgment delivered by the court will not be reconsidered except where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility ..... anr. : [1955]1scr250 this court held that such error is an error which is a patent error and not a mere wrong ..... religion. in the electoral roll also, he has been described as 'gyan chand ghosh' and the wife has been described as 'vanita ghosh .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1994)4SCC673
..... this view of the learned single judge was upset by the division bench of the high court in letters patent appeal taking the view that it was not open to the learned single judge under the guise of a review to modify the sentence and order the appellant's release by exonerating him from his liability for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC148; 2007(4)AWC4149(SC); (2008)1GLR859(SC); 2007(12)SCALE183; (2007)8SCC644; 2008(2)SLJ213(SC):2008(1)LHSC685; 2007AIRSCW6338; JT2007(11)SC561; 2007AIRSCW6338
tarun chatterjee, j.1. leave granted.2. this appeal is directed against the judgment and order dated 5th of july, 2006 passed by a division bench of the high court of gujarat at ahmedabad affirming the order of the learned single judge holding that the appointment of the appellant as an assistant manager in ahmedabad municipal corporation [ for short 'the corporation'] was bad, illegal and invalid and accordingly, liable to be quashed.3. before we deal with the question raised before us, we may narrate the facts involved in the present case leading to the filing of this appeal.4. the appellant was appointed as an x-ray technician in beherampura referral hospital, run under the supervision and control of the corporation on 1st of february, 1988. in the referral hospital, there was no post of clerks since 1983. since 1984, the appellant, apart from discharging his duty as an x-ray technician was also, regularly and compulsorily, carrying out the clerical and administrative work connected therewith. according to the appellant, the administrative activities carried out by him, inter alia, included: [i] taking x-ray of the patients; [ii] collecting fees for x-ray; [iii] entering the amount received in the cash book; [iv] preparation of the case papers; [v] maintaining of the register of the patients whose x-ray is taken; [vi] maintaining the record of the purchase of x-ray films; [vii] purchase of x-ray films; [viii] to fill in the octroi forms and v-forms; and [ix] maintain x-ray .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(9)SC199; 2009(9)SCALE206; (2009)8SCC273; 2009(3)SLJ385(SC); 2009(7)LC3083(SC)
..... we quote herein below the relevant paragraphs from the judgment in nihal chand (supra), which read as follows:.this court under its powers conferred on it by the letters patent is entitled to enrol advocates for practising in this court and courts subordinate to it, vide clause 7 which runs as follows:and we do hereby authorize and empower the said high court of judicature at allahabad to approve, admit ..... now or hereafter entered as an advocate or vakil on the roll of any high court under the letters patent constituting such court, or under section 41 of this act, or enrolled as a pleader in the chief court of the punjab under section 8 of this act, shall be entitled to practice in all the courts subordinate to the court on the roll of which he is entered----and any person so entered who ordinarily practices in the court on the roll of which he is entered or some court subordinate thereto shall ..... lays down that where on receipt of a complaint or otherwise a state bar council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. ..... section 30 provides that subject to the provisions of this act, every advocate whose name is entered in the common roll shall be entitled as of right to practise throughout the territories to which this act extends in all courts including the supreme court and before any tribunal or any other authority before whom such advocate is by or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC231; (1973)1SCC261; [1973]2SCR1073; 1973(5)LC513(SC)
..... and reasons of the bill which came to be enacted as the act the main features were stated to be as follows:(1) the establishment of an all india bar council and a common roll of advocates, and advocate on the common roll having a right to practice in any part of the country and in any court, including the supreme court;(2) the integration of the bar into a single class of legal practitioners known ..... material, is reproduced below :section 8(1) 'no person shall be entitled as of right to practice in any high court unless his name is entered in roll of the advocates of the high court maintained under this act:provided that nothing in this sub-section shall apply to any attorney of the high court. ..... council of india was to direct that the name of such person shall, without payment of any fee, be removed from the roll of the first named state bar council and entered in the roll of the other bar council and the state bar councils concerned were enjoined to comply with such a direction. ..... bar council had to send the bar council of india an authenticated copy of the roll of advocates prepared by it for the first time and thereafter communicate all alterations and ..... provision it appears that in the indian stamp act article 30 continued to be so framed as to make a provision for levy of a duty on entry as an advocate on the roll of any high court under the indian bar councils act 1926 or in exercise of the power conferred on such court by letters patent or by the legal practitioners act 1879. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1061; 1970MhLJ934(SC); (1970)1SCC182; [1970]3SCR354
..... whose roll he is not entered--.section 41 of the act empowered a high court to make rules as to the qualifications and admission of proper persons to be 'advocates of the court' and subject to such rules to ..... now or hereafter entered as an advocate or vakil on the roll of any high court under the letters patent constituting such court, or under section 41 of this act, or enrolled as a pleader in the chief court of the punjab under section 8 of this act, shall be entitled to practice in all the courts subordinate to the court on the roll of which he is entered--and any person so entered who ordinarily practices in the court on the roll of which he is entered or some court subordinate thereto shall ..... , notwithstanding anything herein contained, be entitled, as such, to practice in any court in the territories to which this act extends other than a high court on whose roll he is not entered, or, with the permission of the court--in any high court on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1442; [1965]2SCR756
..... other courts subject to the superintendence of the high court; the second part thereof empowers the high court to exercise appellate jurisdiction in such cases as were immediately before the date of the publication of the letters patent subject to appeal to the chief court of punjab by virtue of any law then in force, or as may after that date be declared subject to appeal to the high court of judicature at lahore by any law ..... for the appellant it was urged that the appeal against the judgment of the single judge to a division bench under clause 10 of the letters patent was a 'domestic appeal' within the high court and in deciding whether the decree of a division bench in an appeal under the letters patent from decision of a single judge exercising appellate jurisdiction affirmed the decision of the court immediately below, regard must be had to the decree of ..... for the purpose of questioning the order of the tribunal and it does not make the judgment of a single judge in an appeal under section 39 of the act final; and, that apart, a letters patent appeal is not a separate appeal to the high court but is only, in effect, the continuation of the same appeal in the high court. 4. ..... two points were raised before this court, namely, (1) the provisions of the first part of clause 15 of the letters patent for the bombay high court could not be attracted to an appeal preferred to the high court under section 76 of the trade marks act, 1940; and (2) the said clause would have no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC865; 1981LabIC320; (1981)1SCC494; 1981(13)LC132(SC)
..... a letters patent appeal by the appellants was dismissed by an appellate bench of the high court.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)395; AIR1996SC2437; 1996(2)ALD(Cri)349; JT1996(6)SC626; (1996)114PLR763; 1996(5)SCALE140; (1996)5SCC342; [1996]Supp2SCR373
..... and in respect of appeals from the order of any judge or bench of the appellate side, the rules of the appellate side shall apply mutatis mutandis.therefore, for the appeals filed under clause 15 of the letters patent against the order of the learned single judge for the contempt proceedings by necessary consequences, the procedure prescribed on the appellate side would also be applicable and followed.7. ..... learned counsel for the respondent sought to contend that by operation of rule 3 of chapter 8 of the appellate side rules under the letters patent the memorandum of appeal drawn up under order 41 rule 1 cpc requires to be complied with as envisaged thereunder since it had not been provided with any limitation ..... since the rules made on the appellate side, either for entertaining the appeals under clause 15 of the letters patent or appeals arising under the contempt of courts, had not expressly excluded, section 5 of the limitation act becomes ..... division bench was, therefore, right in holding that the limitation act was not extended for an appeal filed under clause 15 of the letters patent against the order passed by the learned single judge under the provisions of the contempt of courts act. ..... in consequence, sections 4 to 24 of the limitation act stands attracted to letters patents appeal insofar as and to the extent to which they are not expressly excluded either by special or local ..... the contempt notice, the appellants have filed a letters patent appeal to the division bench. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)ARBLR340(SC); 2006(6)BomCR309; [2006]134CompCas119(SC); JT2006(8)SC230; 2006(8)SCALE668; (2005)11SCC521; 2006AIRSCW5130
..... would have jurisdiction under the act;d) the high court failed to appreciate that being a special enactment for arbitration, the provisions of the act would prevail over the provisions of the letters patent when determining questions under the act, including questions as to jurisdiction;e) the high court ought to have appreciated that for a court to exercise jurisdiction under section 9 of the act, ..... entertain the petition filed by the respondent in the bombay high court under section 9 of the act;b) the high court erred in holding that by virtue of clause 12 of the letters patent act, the bombay high court has jurisdiction to entertain the petition filed by the respondent in the bombay high court;c) the high court failed to appreciate that as per section 2(1)(e) of ..... the jurisdiction of a court of ordinary original civil jurisdiction, and they set out similar tests for the determination of where a suit may be filed.clause 12 of the letters patent states that a suit may be filed in either the madras, calcutta or bombay high court in the following circumstances:.if the cause of action shall have arisen, either wholly, ..... interpreting section 2(c) of the arbitration act (which is in pari materia with section 2(e) of the 1996 act) qua clause 12 of the letters patent has held that bombay high court would have jurisdiction under clause 12 of the letters patent if the respondent has an office in mumbai even if no part of the cause of action has arisen thereat.the appellant also relied upon .....
Tag this Judgment!