Court : Supreme Court of India
..... in such appeal. 12. though this section was amended by the amendment act 46 of 1999, reference thereto is avoided as the said amendment was not given effect to.13. this provision underwent another amendment by amendment act 22 of 2002, to be refashioned as hereinbelow. 100-a: no further appeal in certain cases notwithstanding anything contained in any letters patent for any high court or in any instrument ..... (supra) and mohd. saud (supra), wherein it was held in unambiguous terms that only letters patent appeal, filed prior to the coming into force of the said amendment vide act 22 of 2002 would be maintainable and as a corollary, by virtue of the bar contained therein, letters patent appeal filed thereafter, would not be maintainable.16. as the contextual facts in these decisions are .....
Tag this Judgment!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
..... 1976, duty was cast upon the court, instead of advocate general, to take into account these considerations for granting leave under this section. prior to the 1976 amendment, all these considerations were to be kept in mind by the advocate general before granting consent to institute a suit against a public trust. accordingly, in this factual ..... administrative and judicial orders. it is urged that order from which the appeal was preferred was not a judgment within the meaning of clause 15 of the letters patent and so no appeal lies to the division bench. reference is made to the decision of this court in institute of chartered accountants of india v. l.k ..... , it can be easily inferred from the perusal of the application made that plea was sought to seek permission only to institute a suit alleging the sabha to be acting as a trust. this court in additional commissioner of income tax, gujarat, ahmedabad vs. surat art silk cloth manufacturers association, surat, (1980) 2 scc31 in paragraph .....
Tag this Judgment!Court : Supreme Court of India
..... furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. 28 the substitution of section 123(3) by the amending act of 1961 was preceded by a report of the select committee. during the course of the discussions in the select committee two notes of dissent were appended by ..... is the nature of the infirmity or error on which a plea for review and revision of the earlier view is based ?. on the earlier occasion, did some patent aspects of the question remain unnoticed, or was the attention of the court not drawn to any relevant and material statutory provision, or was any previous decision of ..... there is no doubt that the section on textual and contextual interpretation proscribes a reference to either.5. this court in grasim industries v. collector of customs, bombay [2002 (4) scc297 observed as follows:- 10. no words or expressions used in any statute can be said to be redundant or superfluous. in matters of interpretation one .....
Tag this Judgment!Court : Supreme Court of India
..... applications filed were all in a cyclostyled form which did not adequately contain the particulars of the lands. that the amendment applications did not contain the required endorsements to indicate the dates on which those had been submitted and taken on record ..... amongst others is also that wrong gut numbers had been mentioned in the initial applications. this chart of the petitioners patently demonstrates that though the original applications were made on the basis of gut numbers, the 7/12 extracts and mutation ..... themselves to be tenants in respect of the plots involved did file individual applications under section 70(b) of the act before the tehsildar, thane seeking declaration of their status as such. the tehsildar acceded to the prayer made and allowed ..... before the sub- divisional officer, thane by filing equal number of appeals, which were allowed between december, 2002 to 2005 observing that no sufficient evidence had been adduced by the petitioners and other applicants in support of .....
Tag this Judgment!Court : Supreme Court of India
..... the rates at which the tax shall be levied."11. by the aforesaid gujarat local authorities laws (amendment) act, 2011 similar provisions for levy of tax on mobile towers have been inserted in the gujarat municipalities act, 1963 and also the gujarat panchayats act, 1993.12. the short contention of the cellular operators advanced before the high court is that section 127 ..... at which water tax, conservancy tax and sewerage tax are to be imposed. section 141b of the gujarat act provides for the rate at which the general tax is leviable.10. section 145a (inserted by the gujarat local authorities laws (amendment) act, 2011) provides for tax on mobile towers at rates not exceeding those prescribed by order in writing by ..... was applicable to the state of gujarat also until the year 2011 when by the gujarat short titles (amendment) act, 2011 the word gujarat has been inserted in place of the word bombay .4. the fourth and fifth categories of cases would be the writ petitions raising identical .....
Tag this Judgment!Court : Supreme Court of India
..... . ltd.[15]. the competing statutes being the banking companies act, 1949 as amended by act 52 of 1953, and the displaced persons (debts adjustment) act, 1951. section 45-a of the banking companies act, which was introduced by the amending act of 1953, and section 3 of the displaced persons act, 1951 contained each a non-obstante clause, providing that ..... view of the second clause of article 19. 16. eventually, the court upheld the constitutional validity of the said provision. after the pronouncement by the constitution bench, the legislature amended section 292 which presently reads thus:- 292. sale, etc., of obscene books, etc. (1) for the purposes of sub- section (2), book, pamphlet, paper, ..... any other law for the time being in force. provided that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act 1957 or the patents act 1970. the proviso has been inserted by act 10 of 2009 w.e.f. 27.10.2009.28. having noted the provisions, .....
Tag this Judgment!Court : Supreme Court of India
..... a decree/order in india. section 44a was inserted by section 2 of the civil procedure code (amendment) act, 1937 (act no.8 of 1937). this section is meant to give effect to the policy contained in the foreign judgments (reciprocal enforcement) act, 1933. it is a part of the arrangement under which on one part decrees of ..... the district judge-2, nasik. the facts in nutshell are that the respondents herein filed a suit against the appellant before the english court for infringement of patent vested in the respondents besides other reliefs. in the said suit, the appellant- defendant filed an application challenging the jurisdiction of the english court. in that ..... the application filed by the appellant seeking declaration that the judgment and order dated 19th october, 2006 passed by the high court of justice, chancery division, patents court, england (hereinafter referred to as the english court ) is not executable before the district court at nasik, by confirming the order dated 15th april, .....
Tag this Judgment!Court : Supreme Court of India
..... arbitration, has become outdated. the law commission of india, several representative bodies of trade and industry and experts in the field of arbitration have pro-posed amendments to this act to make it more responsive to contemporary requirements. it is also recognised that our economic reforms may not become fully effective if the law dealing with ..... an appeal. but it does provide for an appeal. a conspectus reading of sections 5 and 13 of the act and section 50 of the 1996 act which has remained unamended leads to the irresistible conclusion that a letters patent appeal is maintainable before the division bench. it has to be treated as an appeal under section 50(1 ..... ) .........................j.(amitava roy) new delhi november 24, 2016 ----------------------- [1]. arbitration appeal no.12 of 2010 decided on 14th june, 2013 [2]. (2004) 3 scc250[3]. (2002) 5 scc510[4]. (2005) 8 scc618[5]. (2007) 1 scc467[6]. (2011) 8 scc333[7]. (2004) 3 scc214[8]. (2004) 11 scc672[9]. 2016 (9) scale42
Tag this Judgment!Court : Supreme Court of India
..... the scheme of part xiii, treated as restrictions. it was argued that the presence of article 306 of the constitution which now stands repealed by constitution 7th amendment act, 1956 was itself suggestive of the fact that taxes were intended to be restrictions on free trade, commerce and intercourse, for otherwise, there was no reason ..... 3454/2002, ca no.3455/2002, ca no.3456-3459/2002, ca no.3460/2002, ca no.3461/2002, ca no.3462-3463/2002, ca no.3464/2002, ca no.3465/2002, ca no.3466/2002, ca no.3467/2002, ca no.3468/2002, ca no.3469/2002, ca no.3470/2002, ca no.3471/2002, ca no.4008/2002, ca no.5385/2002, ca no.5740/2002, ca no.5858/2002, ..... but as we have seen, the quantifiable/measurable benefit test laid down in jindal stainless by the constitution bench is itself replete with doctrinal problems, besides its patent inconsistency with automobile transport. if both these extremes are to be avoided, we are left with the middle ground which the decision in automobile transport sought to .....
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