Court : Allahabad
Reported in : (2003)1UPLBEC496
..... writ petition against the labour court award has been specifically excluded by the u.p. high court (abolition of letters patent appeals) act. 1962 as amended by the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981. sri baghel referred to and relied on judgment of apex court in : [1996]2scr224 , firdosh fatima ..... further contended that appellant has not challenged the vires of the u.p. high court (abolition of letters patent appeals) act, the u.p. high court (abolition of letters patent appeals) act, 1962 or 1981 amendment act in this special appeal, hence he cannot be allowed to raise the said submission. he further contended that ..... ors. v. deputy director of consolidation and ors., had upheld the validity of the uttar pradesh high court (abolition of letters patent appeals) act, 1962 as well as amendment act 33 of 1972. the relevant constitutional entries pertaining to state legislature regarding abolition of special appeals in the high court has been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All90
..... upheld the validity of the u.p. high court (abolition of letters patent appeals) act, 1962 as well as amendment act 33 of 1972. the relevant constitutional entries pertaining to state legislature regarding abolition of special appeals in the high court has been considered by ..... in firdosh fatima's case (supra). there is no scope for any argument regarding challenge to vires of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981. the constitution bench of this courtin hasinuddin khan and ors. v. deputy director of consolidation and ors. 0044/1979 : [1980]2scr1207 had ..... paragraph 49:49. the second limb of submission of counsel for the appellant was to the effect that the uttarpradesh high court (abolition of letters patent appeals) (amendment) act, 1981 is ultra vires. the counsel for the respondents has rightly pointed out that there being no prayer in the special appeal for declaring the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All315; 1959CriLJ543
..... law for the time being in force and, in the case of high courts established by royal charter, further subject to the provisions of the letters patent of such high court. the same amendment act, which made the above changes in section 369 of the code of criminal procedure, added section 561-a in the code in the following words:'nothing ..... is no definite provision for a review of judgment. i am of opinion that review is a definite method of procedure and that if the legislature intended by the amending act, (act 18 of 1923), to make a provision in the code for a review there would have been a definite section dealing with a right of review and laying ..... was added after section 395. in 1923 the section underwent a substantial change and it now stands as already quoted above. the important changes made by the criminal procedure code (amendment) act of 1923 are that the high court is no longer exempted from the operation of the section and this inclusion of the high courts appears to have led to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... otherwise be within the exclusive competence of another legislature. the uttar pradesh high court (abolition of letters patent appeals) (amendment) ordinance, 1972 and the uttar pradesh high court (abolition of letters patent appeals) (amendment), act, 1972 are technically speaking on a matter which is within the exclusive competence of the parliament in ..... made on points raised on behalf of the appellants which apply equally to letters patent appeals governed by the principal act, and to such appeals governed by the amending ordinance and the amending act. it is contended that letters patent appeal is not in reality an appeal; it is only rehearing by way ..... 133 of the constitution (election commission, india v. venkata rao : [1953]4scr1144 ).106. letters patent appeals (special appeals) abolished under the amending ordinance and the amending act differ from such appeals abolished under the principal act in that they do not arise directly from the proceedings under the tenancy laws or the u. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC10; (1999)1UPLBEC697
..... learned single judge passed in writ petitions against orders of board of revenue and director of consolidation were abolished. by u. p. high court (abolition of letters patent appeals) amendment act, 1975. i.e., [u. p. act no- 31 of 1975), special appeal was abolished against orders of learned single judge passed in writ petitions arising out of judgment, order or award of tribunal ..... two judges under rule 5. however, this right of appeal was taken away by 'several amendments in clause 10 of the letters patent. initially, an amendment was made by u. p. high court (abolition of letters patent appeals. 1962 (te., u. p. act no. 14 of 1962). by this amendment, appeals from the order of the learned single judge passed in exercise of appellate jurisdiction or .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1983)6ITD311(All.)
..... apply on all fours to the facts of the present case. apart from this, the case of the assessee is additionally clinched by the opium (u.p. amendment) act, 1982, which retrospectively amended the opium act, 1878, with effect from 1-7-1969 and under which, inter alia, section 5 a was inserted to the following effect: (1) there shall be levied ..... kishan gopal's case (supra) and cit v.j.k. synthetics ltd. [1983] 143 itr 771. next, he referred to the opium (u.p. amendment) act, 1982, which had retrospectively amended the opium act, 1878, with effect from 1-7-1969 and the levy of excise duty on poppy heads at the rates specified in the erstwhile rule 42a had been ..... department was claiming excise duty and the assessee was debiting the duty in accounts. the judgment of the hon'ble high court had been appealed against by way of letters patent appeal.on those facts, after considering the decision of the supreme court in the case of kedarnath jute mfg. co. ltd. (supra) and its own decision in cit .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC534; (2000)1UPLBEC655
..... giving the petitioner trust a reasonable opportunity of being heard in contravention of the first proviso to sub-section (4) of section 10a of the indian medical council (amendment) act. 1993.23. in the case of al-karim educational trust and another v. state of bihar and others. 1996 (8) sco 330, the question was ..... impugned order in the ends mentions that the medical council of india will conduct another inspection.18. sub-section (4) of section 10a of the indian medical council (amendment) act, 1993 provides as follows :'(4) the central government may, after considering the scheme and the recommendations of the council under sub-section (3) and after obtaining, ..... was entitled to a declaration to the effect that its medical college was deemed to have been approved under section 10a (5) of the indian medical council (amendment) act, 1993.6. the respondents filed counter-affidavits. this court on 6.5.1998 directed that another inspection be made and in this inspection the medical council of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All641
..... direct this court to hear such appeals. it merely states that such appeals will lie to this court. further this act does not purport to repeal or amend in any way the provisions of the letters patent of this court or of the high court of calcutta. again this section if it does confer any jurisdiction does not ..... not readily hold that an enactment not expressly purporting to repeal or amend the letters patent had impliedly done so. in oases however where the provisions of an act of the central legislature are wholly at variance or in. consistent with the letters patent, such repeal or amendment would have to be implied.11. as i have stated section 96 ..... of the bengal, agra and assam civil courts act, 1887, does not repeal or amend the letters patent and accordingly i hold that section 27 of our letters patent governs the procedure in cases of disagreement in first appeals as well as letters patent appeals as it did immediately after the letters patent were granted.17. a contrary view has been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All313
..... , 1972. section 2 of this act introduced a new section 4 in the u. p. high court (abolition of letters patent appeals) act, 1962. section 4 so introduced reads thus:--'4 (1) no ..... high court (abolition of letters patent appeals) (amendment) ordinance, 1972 (u. p. ordinance no. 12 of 1972) was promulgated by the governor and came into force on june 30, 1972. the ordinance was replaced by the u. p. high court (abolition of letters patent appeals) amendment) act, 1972 (u. p. act no. 33 of 1972). the act came into force on august 18 ..... 227 of the constitution in respect of such cases. with this view it is proposed to amend the u. p. high courts (abolition of letters patent appeals) act, 1962.' 16. the object of sections 3 and 4 of the 1962 act is to save all litigants from inconvenience and expense of filing special appeals. the object is .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC921
..... anr. v. state of madhya pradesh : [1987]3scr155 .8. the finding of the trial court that a counter claim could not be set up by way of an amendment application is patently erroneous. order viii, rule 9 of the c.p.c. provides a complete answer which reads as under:subsequent pleadings.--no pleading subsequent to the written statement of a ..... injunction restraining the defendants from transferring the suit property or from interfering in his right to raise the construction on the basis of an alleged sale deed dated 9.6.2005 obtained by the plaintiffs from sri ganga prasad and bipti ram. the petitioners are the defendants and filed a joint written statement alleging that the suit property was an ..... that the provision of order viii, rule 9 of the c.p.c. does not create a bar. the supreme court held:looking to the scheme of order viii as amended by act no. 104 of 1976, we are of the opinion, that there are three modes of pleading or setting up a counter claim in civil suit. firstly, the written .....
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