Court : Andhra Pradesh
Reported in : 2003(2)ALD460; 2002(6)ALT326; 2003CriLJ1596
..... the instant case, we have noticed that the writ appellate court disposed of the appeal preferred by the appellant herein in exercise of its jurisdiction under clause 15 of the letters patent act after full hearing of both the parties to the appeal and the writ appeal itself has been disposed of holding that the points raised and decided by the judgment dated 29-10-2001 ..... that once an appeal is entertained in exercise of the jurisdiction under clause 15 of the letters patent act the order impugned before the division bench becomes an order appealed against. ..... the division bench is in exercise of the jurisdiction under clause 15 of the letters patent act, which is capable of reversing, modifying or affirming the order put in issue before it ..... herein having considered the whole case of the respondents-writ petitioners and in the light of the opinion and advise given to her issued proceedings dated 5-9-2002 rejecting their claim for promotion as post graduate teachers from the post of trained graduate teachers in the subjects in which they have acquired the post graduate qualification. 29. ..... section 19 of the act provides that an appeal shall lie as of right from any order or decision of high court in the exercise of its jurisdiction to punish for contempt - (a) where the order or decision is that of a single judge, to a bench of not less than two judges of the court ..... krishnaji dattatraya bapat, : [1970]1scr322 the supreme court has emphasised three pre-conditions attracting applicability .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP228
..... the right of appeal conferred by section 39 of the arbitration act cannot therefore be defeated for want of leave contemplated by the letters patent rules it has been definitely laid down by the supreme court in union of india v mohindra ..... that apart, having regard to the nature of the order if it be deemed that he was functioning as an appellate court in view of the prohibition contained in section 39(2) of the arbitration act no second appeal shall lie from an order passed by him these observations are of little assistance to the learned counsel, but he relies on further observations of the learned judges which were unnecessary for the ..... their lordships observed that the qualifying expression 'to the court authorised by law to hear appeals from original decrees of the court passing the order' in section 39(1) does not import the concept that the appellate court must be distinct and separate from the court passing the order or the decree, that the legislature has not so enacted ..... when the order was made, the petitioner did not apply for leave to appeal presumably because he was under the impression that he has a substantive right of appeal under the provisions of section 39(1) of the arbitration act, that being an arbitration proceeding, though started in the course of a second appeal. ..... we do not think that these observations, to the extent they are claimed to be favourable to the respondent in view of the pronouncement of the supreme court in the case of : [1962]3scr497 , .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT509
..... has not only saved the inherent jurisdiction of the high court but also the letters patent including the incorporation of section 108 of the government of india act, 1915 in clause 15 of the letters patent aforequoted as also the rules framed by the high court as provided under section 108 of the said 1915 act until such time when the appropriate legislature by virtue of powers conferred by the constitution ..... he has full power, authority and jurisdiction in the matter of allocation of business of the high court which flows not only from the provision contained in sub-section (3) of section 51 of the act, but inheres in him in the very nature of things'.the power and authority of the hon'ble chief justice to constitute benches and to post causes before ..... the provisions of any law which has been made, amending or altering the same, by competent legislative authority, for india'.clause 38....................................thus, as provided under clause 37 in its letters patent, this court has been given the power to make rules and orders provided that the court would be guided in making such rules and orders as far as possible by the provisions ..... air1962mad304 rejecting the argument that the petitioner had a right vested in him by the order of reference to have his appeal heard by a full bench of three judges, held-'.....the only right of the petitioner obviously was to appeal to the high court and it certainly did not include a right or claim to have the appeal heard by one or ..... 120 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1956CriLJ1049
..... the principle applies with equal force to the case of jail appeal as to the case of any other appeal, for, by preferring an appeal through the jail authorities the accused exercised his right of appeal and, if it is disposed of, he cannot claim to have another right.the content of the right of appeal is the same whether it is filed through the jail authorities or presented by an advocate in court, though the procedure prescribed for presentation and perhaps in the manner of disposal ..... (unless the court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against and in cases tried by a jury a copy of the heads of the charge recorded under section 367'.section 420: 'if the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper ..... 104 (the high courts act) authorised the establishment of high courts of judicature in india.under section 1 of the said act, the crown was authorised to issue letters patent to establish various high ..... 120 (air v 26) (fb) (b) held that the rule-making power of the high court 'under the charter act is subject to and without prejudice to the legislative power of the ..... 1939 mad 120 (air v26) (fb) (b), which i have already referred to in a different context, a pull bench of the madras high court had to consider the question whether an application under section 491, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994CriLJ3830
..... , we respectfully disagree with the view of the division bench that though such an applicant is not entitled to file an appeal under section 19(1) of 'the act', he can still have recourse to clause 15 of the letters patent (madras) for filing an appeal; but that appeal cannot be entertained since it is not a 'judgment' within the meaning of the ..... with regard to the right of appeal in respect of contempt proceedings are prescribed under section 19 of 'the act' as laid down by the decisions of the apex court and those restrictions and limitations will prevail over clause 15 of the letters patent (madras). ..... petition was disposed of by a learned single judge of this court on 20-4-1992 in the following terms : 'in view of the above, there will be a direction that the respondents shall consider the claims of the petitioners for appointment as helpers in terms of the settlement dated 26-10-1991 which the respondents had entered into with the trade union representing the petitioners. ..... to be filed under clause 15 of the letters patent act by the appellants questioning the dismissal of contempt petition. ..... where right of appeal is not provided under section 19(1) of 'the act', the applicant cannot have recourse to clause 15 of the letters patent (madras) ..... the order of the learned single judge, in the instant case, affected the rights of the appellants and it amounts to a 'judgment' within the meaning of clause 15 of letters patent (madras) and, therefore, appealable under the said clause. 12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1984]148ITR353(AP)
..... volkart brothers, reported in : [1971]82itr50(sc) that a mistake, to be rectified under section 154 of the income-tax act, 1961, must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably to two opinions, and that a decision on a debatable point of law is not a mistake apparent from the ..... in pursuance of this amendment, the aac rectified his order, dated june 26, 1970, and included the value of the jewellery in the net wealth of the assessee, which order was questioned by way of a writ petition in the bombay high court on the ground that he had no power to rectify ..... provisions relating to appeals, revisions, reassessment and recitification, final; whereas in the bombay dyeing company's case : [1958]34itr143(sc) , the view taken was (at page 148) that assessment orders being liable to be rectified under section 35 of the indian income-tax act, 1922, 'the principle of the finality of the orders or the sanctity of the existing rights cannot be effectively invoked. ..... was negatived by the supreme court holding that, in view of the retrospective operation given to the enactment, the principle of finality of the orders or the sanctity of the existing rights cannot be effectively invoked by the asessee. ..... coming back to the facts of the present case, it would be noticed that the amendment concerned herein was given retrospective effect right from the date of the commencement of the 1961 act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT515
..... the meaning of this act;(e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what as publicly known or publicly used in india before the priority date of the claim or to what was published in india or elsewhere in any of the documents referred to in section 13;(f) that ..... is to say-(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india;(b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor; (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;(d) that the subject of any claim of the complete specification is not an invention within ..... the learned counsel also would maintain that section 107 of the patents act, 1970, hereinafter in short referred to as 'act' for the purpose of convenience, deals with suits for infringement of patents. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP309; 1996(2)ALT893; (1997)ILLJ255AP
..... ' this has not only saved the inherent jurisdiction of the high court but also the letters patent including the incorporation of section 108 of the government of india act, 1915 in clause 15 of the letters patent aforequoted as also the rules framed by the high court as provided under section 108*(1) of the said 1915 act until such time when the appropriate legislature by virtue of powers conferred by the constitution made any law on the ..... it was argued that simultaneously with the repeal of section 108, government of india act, 1915 and of the enactment of its provi-sions in section 223, government of india act, 1935 and later on article 225 of the constitution of india, there had not been any corresponding amendment of clause 15 of the letters patent and the reference to section 108 in clause 15 of the letters patent could not therefore be taken as relating to these provisions, and that being so, the high court had no power ..... on the subject, held that the procedure of the court in the matter of reference to a full bench was not governed by any statutory provisions, but by prevailing practice and it was not permissible to any litigant to claim as a matter of right, in the absence of a statutory provision, to have his case decided by any particular judge or judges of the court. ..... for the petitioner should have known that in a system where a court is made to regulate the proceedings by self-imposed controls and regulations, any outside interference is unauthorised and uncalled for. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP381
..... ' the effect of the section, that although the high court of andhra has no rule-making powers under the constitution or the government of india act or under any letters patent is to confer in the andhra high court, all such powers which the madras high court exercised in regard ..... therefore, entered up in exercise of the ordinary original civil jurisdiction of the high court and no present right accrued to the official assignee to move for execution until the order of the 5th april, 1886 was made ..... the supreme court has described the remedy as discretionary when it is not available as of right, but may be refused by the court upon a consideration of circumstances which disentitle an applicant even though he may have a legal right which has been infringed namely; (a) that there is an alternative adequate remedy; (b) that the conduct of the applicant is such that it does not deserve discretionary remedy for example, that he is guilty of laches like ..... out by sir john beaumont in 1947-2 mad lj 32 = (air 1947 pc 90), 'the power to grant an information in the nature of quo warranto which is a civil proceeding used to try the civil right to a public office arises in the exercises of the ordinary original jurisdiction of the high court. ..... that the case fell under article 180 and that no present right accrues till the insolvency court made order on the 5th april, ..... the representatives of the insolvent took up the plea that the right to execute the order of the insolvency court was barred by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALD663; 1999(4)ALT49
..... senior counsel appearing for the appellant further contends that the power of the bench under section 15 of the letters patent act is not limited to interfere with the orders passed by the appellate court. ..... senior counsel appearing for the appellant-defendant laid stress on the scope of clause 15 of the letters patent act thinking that we cannot interfere with the findings of the learned single judge and the trial court. ..... is not entitled to the equitable relief.21- likewise in the case of 'kallathil sreedharan and another v, komath pandyla prasanna and another, cited (supra) the supreme court while interpreting the scope of section 20 of the specific relief act held that the court is given discretion and as such the discretion has to be exercised not arbitrarily but on sound and reasonable basis guided by judicial principles.22. ..... louis chinnaya arogiaswamy and others' cited (supra), the supreme court while interpreting section 20 of the specific relief act, 1963 held granting or refusing a decree for specific performance is in the ..... considered from this perspective, in view of the fact that the respondent himself had claimed alternative relief for damages, we think that the courts would have been well justified in granting alternative decree for damages, instead of ordering specific performance which would be ..... had waived his rights thereunder, verghese as an assignee could not get a better right to enforce that ..... the defendant was right in cancelling the sale agreement and .....
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