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Municipal Corpn. of Delhi (Mcd) Vs. Prem Chand Gupta and anr.

Court : Supreme Court of India

Reported in : (2000)10SCC115

..... as a consequence we would have been required to remand these proceedings to the high court for reconsideration of the remaining points in the letters patent appeal of the respondent workman, as these points have not been considered by the division bench. ..... it must, therefore, be held that the impugned judgment of the division bench suffers from a patent error of law inasmuch as it relies upon the decision of this court in senior supdt., r.m.s. ..... learned counsel, ms binu tamta appearing for the appellant corporation vehemently contended that the division bench of the high court was patently in error in relying upon the judgment of this court in senior supdt., r.m.s. ..... the judgment under appeal, therefore, suffers from a patent error of law. ..... the letters patent appeal was allowed accordingly and the relief, as noted earlier, was ordered to be granted to the respondent workman. ..... being aggrieved by the said decision of the learned single judge, the respondent workman filed letters patent appeal no. ..... constitution of india by the management of the municipal corporation of delhi against respondent 1, who is the only contesting party, has brought in challenge the judgment and order of the division bench of the high court of delhi in letters patent appeal no. .....

Sanjay Kumar and ors. Vs. Narinder Verma and ors.

Court : Supreme Court of India

Reported in : [2006(109)FLR1148]; [2007(1)JCR197(SC)]; 2006(2)JKJ8[SC]; (2006)3MLJ183(SC); 2006(5)SCALE441; (2006)6SCC467; 2007(1)SLJ125(SC)

..... the division bench of the high court by the common impugned judgment set aside the judgment of the learned single judge, allowed the letters patent appeals and directed re-framing of the criteria for selection for assessment of the candidates on the basis of re-framed criteria. ..... ' in this view of the matter, while allowing the letters patent appeals, the high court gave the following directions:i. ..... merely because an argument was made in the letters patent appeal that the rules were discriminatory, it was not open to the high court to have struck down the rules. ..... the letters patent appeals could have proceeded only on the basis of the writ petitions and the judgment of the learned single judge, which was being challenged. ..... a number of letters patent appeals were carried against the dismissal of the writ petitions. .....

Prasanta Kumar Sahoo Vs. Charulata Sahu .

Court : Supreme Court of India

..... directed against the judgment, order and decree passed by a division bench of the high court of orissa at cuttack dated 5.05.2011 in aho no.133 of 2000 by which the division bench of the high court dismissed the letters patent appeal filed by the appellants herein thereby affirming the judgment and decree of partition passed by the trial court in the title suit no.348 of 1980 instituted by the original plaintiff (respondent no.1 herein) and on the other ..... the defendant no.1 (appellants herein) continued with the litigation by filing the letters patent appeal under chapter vi of the rules of high court of orissa, 1948. ..... defendant by framing appropriate point on the findings recorded on the contentious issues by the learned trial court, this court requires interference with the impugned judgment in this appeal though, this court's jurisdiction in this letter patent appeal is also analogous to the first appellate court?. ..... in the letters patent appeal filed by the appellants herein, the court addressed itself on the following points of determination: (i) whether the findings and reasons recorded on the contentious issues by the learned trial judge are either erroneous or error in ..... the letters patent appeal was filed essentially on the ground that the learned single judge of the high court had failed to correctly adjudicate the issue whether some of the properties as mentioned in the schedule to the plaint were .....

National Highways Authority of India Vs. M/S Itd Cementation India Ltd ...

Court : Supreme Court of India

..... an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in india; 42.2 (b) a contravention of the arbitration act itself would be regarded as a patent illegality- for example if an arbitrator gives no reasons for an award in contravention of section 31(3) of the act, such award will be liable to be set aside. ..... in the 1996 act, this principle is substituted by the patent illegality principle which, in turn, contains three sub heads:42. ..... 42.3(c) equally, the third sub-head of patent illegality is really a contravention of section 28 (3) of the arbitration act, which reads as under: 28. ..... patent-illegality which is one of the heads contained in saw pipes judgment (supra) was then elaborated and we quote paras 42 to 42.3:- 42. .....

Delhi Administration Vs. Chanan Shah

Court : Supreme Court of India

Reported in : (1969)1SCC737; [1969]3SCR653

..... the respondent filed a letters patent appeal against this order. .....

Pallav Sheth Vs. Custodian and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2763; 2001(2)ALD(Cri)464; 2001(49)BLJR1920; [2001]107CompCas76(SC); (2001)4CompLJ161(SC); 2001CriLJ4175; (2002)2GLR860; JT2001(6)SC330; 2001MPLJ124(SC); 2001(5)SCA

..... 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 applicable. ..... in that case against a notice of contempt which had been issued by the single judge a letters patent appeal were filed under section 19 of the contempt of courts act which was dismissed on the ground that the delay was not condonable as section 5 of the limitation act did not apply. ..... in consequence, section 4 to 24 of the limitation act stands attracted to letters patent appeal insofar as and to the extent to which they are not expressly excluded either by special or local law. ..... in consequence, by operation of section 29(2) read with section 3 of the limitation act, limitation stands prescribed as a special law under section 19 of the contempt of courts act and limitation in filing letters patent appeals stands attracted. .....

Takhatray Shivadattray Mankad Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1989SC1843; (1990)1GLR34; JT1989(3)SC33; 1989(1)SCALE1244; 1989Supp(2)SCC110; [1989]3SCR214; 1989(3)SLJ97(SC); 1989(2)LC342(SC)

..... 241-a of junagadh rules operate in different fields in that while rule 3 applies to cases of normal superannuation, rule 13 applies to cases of compulsory retirement and, therefore, the observation of the division bench of the high court in the letters patent appeal approving the view taken by the learned single judge that rule 3 controls rule 13, would practically render rule 13 as ultra vires article 311 of the constitution of india, since compulsory retirement together with reduction ..... as against this order, the appellant filed the letters patent appeal no. ..... this is an appeal by special leave from the judgment of the gujarat high court dismissing the appeal made in letters patent appeal no. .....

Union of India Vs. Namit Sharma

Court : Supreme Court of India

..... in the judgment under review, therefore, this court made a patent error in directing the rule making authority to make rules within a period of six months.30. ..... he argued that direction no.5 of the judgment under review is, therefore, a patent error which needs to be corrected in this review.11. dr. ..... performing the functions and powers of the information commission there is requirement of a judicial mind and hence persons eligible for appointment as information commissioners should preferably have some judicial background and possess judicial acumen, is a patent error of law. .....

Chief Information Commissioner Vs. High Court of Gujarat

Court : Supreme Court of India

..... being aggrieved by the interim order, respondent no.1-high court preferred letters patent appeal no.1348 of 2013 before the division bench contending that the party who seeks certified copies has to make an application along with the copying charges and requisite court fees stamp as per rules ..... vide impugned order, the high court allowed the letters patent appeal holding that when a particular field is governed by the rules which are not declared ultra-vires, then there is no question of applying the fresh rules and make the situation confusing. ..... in the light of aforesaid reasonings, the impugned order dated 13.03.2014 passed by the high court of gujarat at ahmedabad in 35 letters patent appeal no.1348 of 2013 is confirmed and these appeals are dismissed. .....

Sharafat Ali Vs. State Of U.p.

Court : Supreme Court of India

..... 8 in the circumstances, the order which has been passed rejecting the application of the petitioner for premature release suffers from a complete and patent non-application of mind. .....