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Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... day lawson limited (supra) vis- -vis section 23 of the railway claims tribunal act and the interpretation of the no.obstante clause mentioned as discussed, this court holds that no appeal under clause-10 of the letters patent read with section 4 of the orissa high court order, 1948 is 19 maintainable as section 23 of the railway claims tribunal act only permits one appeal against the order/ judgment of the railway claims tribunal before the ..... interpretation possible to be given is that conferment of the appellate power to the high court under the said provision takes within its sweep all other general power of appeal including the appeal under the letters patent under the charter in which the high court was established, inasmuch as the said provision starts with the phrase subject to the provisions of the code of civil procedure, 1908 (5 of 1908) applicable to the appeals to ..... , on conjoint reading of section 54 of the land acquisition act, section 96 and section 4 of the code of civil procedure, the appellate power under clause 10 of the letters patent is also saved and will be made applicable against the judgment passed by the high court in appeal filed under section 54 of the land acquisition act.28. ..... and for particular purposes: which therefore, no.being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clausae, and are recorded in the close-rolls, in the same manner as the others are in the patent-rolls .20. .....

Jaswinder Singh and Another Vs. Mrigendra Pritam Vikramsingh Steiner a ...

Court : Delhi

..... a judgment is delivered by a single judge exercising the jurisdiction inherited from the punjab high court under section 5 (1) of the said act then the appeal against it lies under clause 10 of the letters patent and on the other hand, when a single judge delivers a judgment in exercise of the ordinary original civil jurisdiction obtained by this court from the subordinate court under section 5 (2) of the said act, ..... an appeal against the order passed by the learned single judge on the original side was held maintainable under clause 10 of the letters patent which was the beginning of the divergence on this aspect and some subsequent judgments inter-changeably used the expression of clause 10 of the letters patent in section 10 (1) of the said act to conclude that the appeal would like under one provision or the other losing significance of ..... the non-chartered high courts like the lahore high court are concerned, there was absence of the aforesaid clauses of the letters patent on account of the fact that there were no prior supreme courts enjoying original jurisdiction but the similar system of moffusil and ..... the patent rolls record the issue of letters patent from ..... in 1861, the indian high courts act was passed by the british parliament which authorized her majesty queen victoria by letters patent to erect and establish high courts in the three presidencies which were to have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the .....

V.K. Walnekar and ors. Vs. Bilaspur Raipur Kshetriya GramIn Bank and a ...

Court : Chhattisgarh

Reported in : AIR2006Chh92

..... under:'...in the light of the scheme contained in all the provisions under part v of the sr act, 1956, we do not find it possible to accept the argument advanced for the petitioner that the letters patent of the madras high court can be made applicable to the cases arising from calicut as part of the erstwhile malabar district of the erstwhile state of madras which now forms part of the territories of the new ..... to the act of 1981 is final and binding, it shall relate back and after this judgment on 11-1-2005, holding the act of 1981 as intra-vires and valid, the letters patent appeals would not be maintainable even otherwise also.in our opinion, it is a settled principle that the decision of the high court remains effective till the same is reversed by the supreme court. ..... proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clausae, and are recorded in the close rolls, in the same manner as the others are in the patent rolls. ..... light of the above discussion, the arguments advanced that by way of 'practice and procedure' the letters patent of madhya pradesh high court would be applicable to the high court of chhattisgarh cannot be accepted and ..... ) that the law affecting inherent jurisdiction of the high court which was conferred by the letters patent while constituting and organizing the high court could not be taken away by law passed by the state legislature in exercise of the powers under entry 11 -a of list-iii of .....

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... issue that arises for studied deliberation is whetherby introduction of section 100a of the code which has come into effect on 1-7-2002 atrophies the pending appeals preferred under clause 10 of the letters patent and also effaces the right of filing such appeals after the said cut-off date or the amendment does not guillotine the pending appeals prior to coming of the aforesaid provision but does ..... to find out whether by substitution of section 100a of the code of civil procedure, 1908 (in short 'the code') the legislature by taking recourse to dexterous method has completely obfuscated the rights of a litigant to maintain a letters patent appeal in invocation of clause 10 of the letters patent against the judgment and decree or order passed by a learned single judge from an original appellate decree or order or still there is some arena which is saved, being unaffected. ..... . consequently we conclude and hold that the law laid down in the case of sachish chandra jain (supra), that substitution of section 100a of thecode affects the letters patent appeals which have been preferred prior to 1-7-2002 and are pending for adjudication and hence, not maintainable, does not correctly state the law and we reiterate that pending appeals ..... purposes; which therefore, not being proper for public inspection,are closed up and sealed on the outside, and are thereupon called writs close, literae clausae, and are recorded in the close-rolls, in the same manner as the others are in the patent-rolls .....

The New India Assurance Co. Ltd. and Etc. Vs. Smt. Pushpa Devi and ors ...

Court : Rajasthan

Reported in : AIR2003Raj63; 2003(2)WLN28

..... proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literate clause and are recorded in the close-rolls, in the same manner as the orders are in the patent rolls.35. ..... therefore, filing of appeal intra court within the high court as per the specific provisions contained in rajasthan high court ordinance or letters patent act that were existing prior to commencement of the constitution under article 225, would not alter the nature of decree passed by either of the forum, from a decree passed by high court ..... high court under relevant statute, which is to be heard and decided by the learned single judge as per the high court rules and intra court appeal under the letters patent is maintainable or not was not the issue in the two cases referred to above, therefore, said decisions do not govern the controversy before us. ..... the judgment and decree passed by high court in appeal under section 54, it does not exclude specifically or by necessary implication any intra-court appeal as may be provided under letters patent act or high court ordinance nor any prohibition against 'second appeal' as such was envisaged as under the arbitration act. ..... of the rajasthan high court ordinance, an appeal be preferred in the high court against the decision of a learned single judge of this court considering that to be an appeal under the letters patent as has been noticed by this court in the decision of brijlal prabhudayal (2002 aihc 3138) (supra)14. .....

P.V. Hemalatha Vs. Kattamkandi Puthiya Maliackal Saheeda and anr.

Court : Supreme Court of India

Reported in : AIR2002SC2445; 2002(5)ALT19(SC); 2002(2)BLJR1626; [2002(3)JCR34(SC)]; JT2002(Suppl1)SC494; 2002(2)KLT792(SC); 2002(4)SCALE662; (2002)5SCC548; [2002]3SCR1098

..... court could be availed of in relation to the territory falling in malabar district of erstwhile madras state and now forming new state of kerala, came to the conclusion that clause 36 of madras letters patent of high court does not cover a situation as is obtaining in cases before them where the two judges differed on all issues of fact and law, have delivered two different judgments and not found necessary ..... that the expression 'other jurisdiction' used in section 52 preceded by such words 'original and appellate' is an expression of wide import and would, therefore, include clause 36 of letters patent of madras high court which governs subject matter of power and jurisdiction of one or more judges of that high court in the event of difference of opinion between them. ..... it is on such understanding of the procedural provisions contained in the code, travancore-cochin act, and the kerala act read with clause 36 of the letters patent of madras high court that the judges forming the division bench came to the conclusion that there is no other option before them except to confirm the decree of the subordinate court in accordance with sub ..... the two learned judges also considered the argument, which is now being advanced before us on behalf of the petitioner, that the letters patent of the high court of madras containing clause 36 could be invoked to resolve the difference of opinion between two judges both on questions of fact and law by referring the case for the opinion of one or more .....

Evans Vs. United States

Court : US Supreme Court

..... 1944) (adam of lung (1298)) (was convicted of extortion for accepting payment to spare a man from having to contribute to an official collection of a quantity of malt); 10 calendar of patent rolls, edward iii, a. d. ..... 449 (1909) (hugh de elmeshale (1356)) (coroner would not perform his "office without great ransoms and that he used to extort money from the people by false and feigned indictments"); calendar of patent rolls, edward ii, a. d. ..... , 36 lincoln record society, a lincolnshire assize roll for 1298, p. 74, no. .....

Yellappa S/o Shivasharnappa Naikodi Vs. The Chief Secretary And Anr

Court : Karnataka Kalaburagi

..... any illegal omission to include the names of persons who are entitled to be included inspite of their application for inclusion made in the prescribed manner and within the prescribed time or illegal inclusion in the electoral roll of the names of persons who are not eligible to be included, is a part of the election process and therefore cannot be a subject matter of challenge in an election petition contemplated under article 429 ..... same principle it should be held that in a case of this type in which the challenge is to the inclusion of ineligible persons in the electoral roll, as the same cannot be adjudicated after election in an election petition, the remedy under article 226; the only remedy 33 available under the constitution ..... the judgment of the supreme court in inderjit barua, air1986sc106 in that case after holding that preparation of electoral roll was not a process of election, the supreme court said thus:"....in a suitable case challenge to the electoral roll for not complying with the requirements of the law may be entertained subject to the rule indicated in ponnuswami's ..... the jurisdiction of the high court under article 226 is barred by article 429, even regarding adjudicating the legality of electoral roll, would amount to the expanding of the bar created by article or to the imposition of a bar, which the ..... result, in that, even if inclusion of names or non-inclusion of the names of persons in the electoral roll is patently illegal, there would be no remedy at all. .....

L. Shivanna Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1988KAR2121; 1989(1)KarLJ294

..... that any illegal omission to include the names of persons who are entitled to be included inspite of their application for inclusion made in the prescribed manner and within the prescribed time or illegal inclusion in the electoral roll of the names of persons who are not eligible to be included, is a part of the election process and therefore cannot be a subject matter of challenge in an election petition contemplated under article 429(b) ..... chitradurga, the following important question of law arises for consideration:whether the inclusion of the names of respondents-7 to 246 who are nominated members of different mandal panchayats in the district in the electoral roll of chitradurga local authorities constituency for election to the state legislative council after the last date and time fixed for the receipt of nomination papers is illegal and if so, whether an order should be ..... appropriate at this stage to consider the submission of the learned advocate general which was also adopted by the learned counsel for the election commission that presentation of a writ petition challenging the legality of electoral rolls, is maintainable if only presented before the date on which the notification calling upon the constituency to elect is issued under the relevant provisions (sections 12 to 16) of the 1950 act and also ..... would lead to disastrous result, in that, even if inclusion of names or non-inclusion of the names of persons in the electoral roll is patently illegal, there would be no remedy at all .....

In Re: the Matter of an Attorney

Court : Kolkata

Reported in : (1914)ILR41Cal113

..... this, it is urged amounts to professional misconduct demonstrating his unfitness to continue on the rolls of this court. ..... 405 of 1909, calling on an attorney of this court to show cause why ho should not be struck off the roll of attorneys. .....