Court : Supreme Court of India
..... causes (enhancement of pecuniary jurisdiction and amendment) act, 1986 (maharashtra act 15 of 1987) (for short the 1987 act ), maharashtra high court (hearing of writ petitions by division bench and abolition of letters patent appeals) act, 1986 (maharashtra act 17 of 1986) (for short the 1986 act ) and madhya pradesh uchcha nyayalaya (letters patent appeals samapti) adhiniyam, 1981 ( ..... , j.leave granted.2. the chief secretary to the government of haryana in exercise of power under section 8(1) of the haryana lokayukta act, 2002 (for brevity, the act ) made a reference to the lokayukta, haryana to enquire into the allegations, namely, (i) whether the allegations of bribery levelled in the alleged ..... (2008) 14 scc58[29]. [30]. (2015) 5 scc423[31]. [32]. (2003) 6 scc675[33]. [34]. air1967sc1[35]. [36]. (2009) 5 scc616[37]. [38]. air1954sc215[39]. [40]. (2002) 1 scc319[41]. [42]. (2010) 8 scc329[43]. [44]. (2013) 9 scc374[45]. [46]. (2004) 4 scc785[47]. [48]. (2005) 1 scc481[49]. [50]. (2005) 6 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC256; [1962]3SCR497
..... under clause 15 of the letters patent and under the rules of the high court, an appeal to the high court from an interlocutory order made by one of the judges lies only in those cases in which an appeal is allowed under the code of civil procedure and its amending acts. a similar view was expressed by ..... under clause 10 of the letters patent of the high court against the order of falshaw, j., was maintainable. the proceedings relating to arbitration are, since the enactment of the indian arbitration act x of 1940, governed by the provisions of that act. the act is a consolidating and amending statute. it repealed the arbitration act of 1899, schedule 2 of ..... to a division bench is expressly granted. but the letters patent are declared by clause 37 subject to the legislative power of the governor-general in council and also of the governor-in-council under the government of india act, 1915 and may in all respects be amended or altered in exercise of legislative authority. under section 39( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]1SCR778; [1963]Supp2SCR778
..... appears from the record that the merchants doing business in hand-made bidis were not able to complete with businessmen manufacturing machine-made bidis. indeed, before the amending act, excise duty was imposed on machine-made bidis mainly, though not solely, for protecting the business in the former in competition with the latter. in the ..... selected the transaction or taxable event a and has imposed a tax upon it, and it alone. the authority vested with jurisdiction under the act, however, by a patent misconstruction of the enactment considers that not merely the transaction or taxable event a but also the related transaction or taxable event b is within ..... authority - executive, administrative or quasi-judicial. i consider that the reason of that rule would equally apply to cases where the quasi-judicial authority commits a patent error in construing the enactment - for in such a case also there would obviously be no legislative backing for the action resulting from his erroneous decision. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)314; AIR1998SC1079; JT1998(2)SC1; (1999)ILLJ885SC; (1998)IIIMLJ11(SC); RLW1998(2)SC161; 1998(1)SCALE636; (1998)3SCC72; [1998]1SCR961; 1998(1)LC639(SC)
..... jurisdiction and every power and authority whatsoever in any manner vested in any of the courts abolished under the act.'11. letters patent was granted to the calcutta high court in 1865. clauses 4 and 8 of the letters patent, as amended in 1919, provided as under:-'4. we do hereby appoint and ordain, that every clerk and ministerial ..... appoint clerks and other ministerial officers of the court, as are vested in them by letters patent....'14. this position was not altered even by the government of india act, 1935. it may be mentioned that section 241 of this act specified the various authorities who could make appointments of persons holding civil posts under the crown in ..... officer of the high court of judicature at fort william in bengal appointed by virtue of the said letters patent of the fourteenth of may, one thousand eight hundred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1991(31)ECC212; 1990(49)ELT649(SC); JT1990(4)SC85; 1990(2)SCALE497; (1990)4SCC680; [1990]Supp1SCR442
..... products, bifuran supplement, neftin-50 and neftin-200, manufactured by the appellant, are chargeable to excise duty as patent or proprietary medicines' under item 14e of the first schedule to the central excise and salt act, 1944, (hereinafter referred to as the 'excise tariff) or the said products are exempted from excise duty under ..... same percentage of furazolidone as neftin-50 and neftin-200 are being exempted from payment of central excise duty under notification dated november 1, 1982, as amended by notification dated february 15, 1984. in support of this submission shri venugopal has invited our attention to the pamphlets issued by other manufacturers about ..... other producers of similar products. the grievance of the appellant is that on account of difference in the interpretation of notification dated february 15, 1984, amending notification dated november 1, 1982, by the excise authorities in other regions while the appellant is being required to pay excise duty on neftin-50 and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1458; (1972)1SCC88; [1972]2SCR289; [1972]29STC706(SC)
..... civil appeal no. 1466 of 1969, the learned single justified in quashing the assessment order in tow. the proper confirmed by the letters patent bench in letters patent appeal no. 127 of 1965. in our opinion, the high court ..... the order of assessment. that direction has been confirmed by the letters patent bench in the said appeals. those directions, in our opinion, do not require any interference by this court, except to make it clear that the fresh assessments will have to be made under section 11aa of the amendment act, and subject to the directions contained in this judgment.45. regarding .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507
..... u.p.19 wherein this court had held that the government was devoid of power to publish more than one declaration under section 6 of that act. after the amendment of the principal act by amendment act of 1962, the base on which section 6 was declared unconstitutional, was removed. that was upheld by this court in 1964 since the legislature ..... advocates appearing for the parties, we may briefly deal with the same. the division bench of the punjab and haryana high court in disposing of the letters patent appeal in favour of the direct recruit has come to the conclusion that the interpretation given by the supreme court to the recruitment rules dealing with the public ..... as well as the state government. in m.l. gupta case the division bench had given directions as under: for the reasons recorded above, both the letters patent appeals are allowed. the judgments of learned single judge in both the cases are set aside. civil writ petition filed by devki nandan pant and others stands dismissed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... , therefore, if it takes away or abridges the rights conferred by part iii thereof, it is void.(3) the constitution (first amendment) act, 1951, constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but, on the basis of earlier decisions of this court, they were valid.( ..... interpretation. they will help a clearer perception of the distinction between 'controlled' and 'uncontrolled' constitutions, which in turn has an important bearing on the patent distinction between laws made in the exercise of constituent power and those made in the exercise of ordinary legislative power conferred by the constitution. in this ..... the legislative, executive and judicial administration of a state, for its law-making power is subject to chapter ii, iii and v of part vi.2002. sri palkhiwala has invoked natural law as the higher law conditioning the constituent power in article 368. natural law has been a sort of religion .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1621; 1963(1)SCR778
..... appears from the record that the merchants doing business in hand-made bidis were not able to complete with businessmen manufacturing machine-made bidis. indeed, before the amending act, excise duty was imposed on machine-made bidis mainly, though not solely, for protecting the business in the former in competition with the latter. in the ..... selected the transaction or taxable event a and has imposed a tax upon it, and it alone. the authority vested with jurisdiction under the act, however, by a patent misconstruction of the enactment considers that not merely the transaction or taxable event a but also the related transaction or taxable event b is within ..... authority - executive, administrative or quasi-judicial. i consider that the reason of that rule would equally apply to cases where the quasi-judicial authority commits a patent error in construing the enactment - for in such a case also there would obviously be no legislative backing for the action resulting from his erroneous decision. .....
Tag this Judgment!Court : Supreme Court of India
..... not based on evidence led by the parties, and therefore, would also have to be characterised as perverse.42. given the fact that the amended act will now apply, and that the patent illegality ground for setting aside arbitral awards in international commercial arbitrations will not apply, it is necessary to advert to the grounds contained in ..... law to the detriment of the licensee, the licensee was entitled to relief 8 (2003) 8 scc5939 (1998) 9 scc40710 (2002) 6 scc1611 (2005) 10 scc5112 (2008) 1 scc12521 from the licensor by amendment of the contract. he submitted that such intention is clarified from the fact that in such an event, the licensee was not ..... the approval by tamp should not be interpreted to be amounting to any implicit approval of royalty related issue. further, the tariff order issued on 20th september, 2002 specifically rejects the claim of sical for factoring any royalty as cost while tariff/price fixation. as already stated herein above, sical has challenged the said order .....
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