Court : Andhra Pradesh
Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530
..... years, section 100a, in its present form, was inserted by the code of civil procedure (amendment) act, 2002. the last amended section 100a reads as under:100a. no further appeal in certain cases.-notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other ..... parliament did not want an internal appeal within the high court, even as regards such matters. therefore, it amended section 100a, through c.p.c. amendment act of 2002 (act 22 of 2002), in such a manner, that no letters patent appeal shall lie from a judgment and decree rendered by a single judge, whether such judgment was in respect ..... did so. the words used in section 100a are not by way of abundantcaution. by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence of such words a letters patent appeal would not bebarred. the legislature was aware that it had incorporated the saving clause in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP160
..... provision in regard to the pecuniary limits of jurisdiction also in s. 21. in consequence, sub-sec. (2) has been added by the c. p. c. (amendment) act, 1976 which reads as follows:'no objection as to the competence of a court with reference to the pecuniary limits of its jurisdiction shall be allowed by any appellate or ..... decree passed by the court, unless such over-valuation or under-valuation has prejudicially affected the disposal of the suit or appeal on its merits. this section is patently founded on the principle that a court's decree shall not be affected on the ground of its lack of pecuniary jurisdiction if it had inherent jurisdiction to ..... not suffer from inherent lack of jurisdiction to entertain the appeal when it was presented before it. the judgment-debtor, aggrieved by that decision, has filed this letters patent appeal.3. sri ranganadham appearing for the appellant contended that it is undoubted that the forum of appeal is fixed with reference to the date of institution of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD181; 2002(4)ALT594
..... of civil procedure, 1908 under act 22 of 2002. 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 shall be substituted,100-a. no further appeal in certain cases.-notwithstanding anything contained in any letters patent for any high court or in ..... is prohibited is filing of the letters patent appeals after 1-7-2002 i.e., to say after the new act had come into force.52. therefore, even in the absence of a saving clause, we are not inclined to hold that the newly amended provision completely destroys even the pending letters patent appeals preferred against the judgment of single ..... the institution of the original proceedings. such right, if any, is not saved. as on and from the date of the coming into force of the amending act, no letters patent appeal shall lie against a judgment rendered by a single judge to a division bench, the date of the judgment has no relevance. what is prohibited .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ2004; AIR2003AP458; 2003(4)ALT216; 2003(3)CTC667
..... of 1999) the following section is substituted:'100a. no further appeal in certain cases.- notwithstanding anything contained in any letters patent for any high court or in any other instrument ..... of the letters patent appeals after 1-7-2002 i.e. after the new act had come into force.'5. we are required to notice that the parliament made amendments to the code of civil procedure, 1908 (for short 'the code') under act 22 of 2002. for section 100-a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]63CompCas328(AP)
..... transaction between the bank and the debtor on the ground that the interest is excessive. this provision is inserted by section 24 of the banking laws (amendment) act, 1983 (act i of 1984), obviously to get over the plea of the usurious sting in the rate of interest charged by the bank. before getting into the ..... and held that section 21a is beyond the legislative competence of parliament and it is arbitrary and violative of article 14 of the constitution. it is patent that the learned judge appears to have been mainly swayed by injustice in charging compound interest particularly on amounts advanced to agriculturists. the accent on agriculturists indebtedness ..... and, therefore, the provisions relating to banking have been deleted from the companies act and have been compressed into an independent act with separate entity. the definition of banking in section 5(b) is of wide amplitude and it is patent from the definition and statement of objects and reasons that the primary and predominant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD83; 2004(2)ALT764
..... b. koti reddy, (supra) observed as under:'it is patent that the applicability of section 5 is excluded. even under unamended provision section 5 would not have been made applicable but for the amendment crystallized into sub-rule (4) of rule 105, section 97 of the amending act expressly excludes the carry forward of amendment under the old code if they are inconsistent with the ..... from the above, for better appreciation, i delve into the legislative history of order 21, rules 105 and 106 vis-a-vis section 5 of the limitation act in brief.16. prior to the amending act of 104 cpc, which came into effect from 1-2-1977, rules 105 and 106 of order 21 are as under:rule 105: hearing of application :--( ..... orderd.s.r. varma, j.1. this civil revision petition is directed against the order, dated 5-11-2002, passed by the principal senior civil judge at kumool, dismissing the application in e.a. no. 373 of 2002 in e.p, no. 460 of 1997 in o.p. no. 132 of 1991, filed under section 151 of the code of civil .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD430; 2003(5)ALT720
..... of andhra pradesh, hyderabad. it is pertinent to note that the father of the plaintiff filed a claim petition under order 21 rule 58 of the code prior to the amending act in 1976 and ultimately this is the proceedings which had been taken upto the level of second appeal no doubt wherein the father of the plaintiff was unsuccessful. the nature ..... , 2000 edn., at page 323:'order 21 rule 58 c.p.c. deals with the adjudication of claims or objections to the attachment of property. now by virtue of the amending act of 1976, order 21 rule 58 (4) provides for an appeal under order 21 rule 63 c.p.c was omitted by the ..... grounds are same or different. when the single judge of high court passed an order under order 21 rule 58 c.p.c., the aggrieved party cannot file a letters patent appeal but has to institute a suit under rule 63 c.p.c. there is nothing in rule 63 to indicate that the reject of the claim or objection under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALT492
..... an exercise in constituent legislative validation of an election.'it was also held that the said provisions contained in clauses (4) and (5) inserted by constitution amendment act were violative of basic features of constitution; as such, they were struck down as unconstitutional. the ratio laid down by the majority judgment in keshavananda bharathi ..... annul a judicial decision, which was introduced by clauses (4) and (5) of article 329-a, which was inserted by the constitution (39th amendment) act, 1975 and consequent amendment in election laws. it was authoritatively held by a majority judgment that it was impermissible for the legislative body, i.e. parliament, to annul ..... calcutta high court has allowed the writ petition directing the payment to be made. letters patent appeal was filed before the division bench and while the same was pending, parliament has enacted life insurance (modification of settlement) act, 1976, the effect of which was to deprive the employees of bonus payable to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT384
..... chosen to define and amend certain parts of law relating to transfer ..... preamble of the transfer of property act which reads thus -'whereas it is expedient to define and amend certain parts of the law relating to the transfer of property act. it is hereby enacted as follows..........'patently the law under this act is intended to amend the law relating to transfer of property act inter-vivos and it has ..... absence of such a defination in the transfer of property act, any other definition in any other statute in regard to that can be legally adopted. patently. 'settlement' is defined in section 2(b) of the specific relief act and section 2(24) of the indian stamp act. since we are dealing with settlement operating as the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP297; 1993(2)ALT97
..... provides for a remedy as efficacious as a suit followed by an appeal. if a different intention could be gathered from the provisions of the repealing and amending act, that intention has to be effectuated notwithstanding the fact that the vested rights under the repealed provisions are affected. this is the result which inevitably follows from ..... so as to render more effective justice to the parties, the parliament enacted the code of civil procedure (amendment) act, 1976 (hereinafter referred to as 'the amemdmenf act'). the act came into force on 1-2-1977. the amendment act has brought about far-reaching changes in the civil procedure. some of the provisions were deleted, some were ..... , the question of filing a suit once again traversing the very same grounds does not arise. such suit would be a duplication of the proceedings and patently superfluous. moreover, the challange to the claim order by filing a suit under rule 63 could only arise if the claim petition had been disposedof in .....
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