Court : Mumbai
Reported in : AIR1980Bom62; (1980)82BOMLR119; 1980MhLJ17
..... such admitted appeal shall be disposed of as if the said section 38 had not come into force.'this clause thus, expressly protects and safeguards against the amending act, letters patent appeal already admitted and pending final hearing. such, however, is not the case here because this leave petition is yet pending admission. this clause speaks ..... is validly whittled down, the preliminary objection must fail.9. the turning question, therefore, is:--is the petitioners' right to appeal under the letters patent taken away by the amending act which, after the president's assent on 9th september 1976, came into force, albeit by stages, soon thereafter? by then, however, the suit ..... of west bengal v. mir fakir mohammad, : air1977cal285 , wherein r. bhattacharya j. held that an admitted appeal under the letters patent is saved by virtue of section 97 (2) (n) of the amending act. this indeed, as already seen, is the correct position. this section, however, has no application to a case as the instant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777
..... code, this court in no uncertain terms, upon a reference to the decision in p.s. sathappan's case (supra), concluded that far from doing away with the letters patent, the amending act of 2002 has left unscathed the provisions of section 129 of the code and what follows therefrom and upheld the contention of the division bench of the bombay high court ..... sub-rules (1) and (2).15. as in the case of sub-section (2) of section 26, sub-rule (3) of rule 1 of order iv was also introduced by amending act 46 of 1999 with effect from 1st july, 2002. we shall have occasion to refer to sub-rule (3) of rule 1 of order iv while dealing with the judgment ..... of this court in the case of salem advocate bar association, tamil nadu v. union of india reported in : air2003sc189 , wherein while considering the effect of the amendments introduced in the code by the amending acts 46 of 1999 and 22 of 2002, it was observed in paragraph 16 that the attention of the court had been drawn to order vii rule 11 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H157
..... -13 of 1964 had already been brought on the statute book by which section 15 (2) of the act had been amended as indicated earlier. the bench deciding the letters patent appeal took notice of the amendment act at the appellate stage and decreed the claim of the step-daughter.5. the vendee went up in appeal before the supreme court ..... with the present democratic set up. in order to remove those serious defects it is essential to amend the punjab pre-emption act, 1913. the bill aims of achieving these objects.'by virtue of section 4 of this amending act, section 15 of the act was substituted in the following terms:'15. persons in whom right of preemption vests in respect ..... and the judgment is reported as chanan singh v. smt. jai kaur, 1970 punj lj 260 = (air 1970 sc 349). the court held:'it appears to us that the amendment act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)105CTR(P& H)378; [1993]199ITR490(P& H)
..... of sections 23(1a) and 28a, as inserted by amending act no. 68 of 1984. the award made by the district judge was challenged in appeal before this court and the compensation and interest payable to the claimants have been finally determined by the various judgments passed in letters patent appeals. the claimants received compensation. they were, however, ..... of interest so received by them. these notices apparently have been issued in terms of section 194a of the income-tax act, 1961 (act no. 43 of 1961) (for short 'the act'), as amended by the finance (no. 2) act, 1967, effective from april 1, 1967. all the petitioners in these writ petitions have challenged these notices on the ..... becomes competent to define the term ' agricultural income ' for the purpose of the constitution and the income-tax act. at the same time, the power to define must be held to include in it the power to amend or modify the same. applying the pith and substance theory, a division bench of the karnataka high court in .....
Tag this Judgment!Court : Mumbai
Reported in : (1998)61TTJ(Mumbai)323
..... order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. tax payable, if any, by the assessee is to be increased under ..... adjustment on account of ccs. the assessee filed an appeal which was dismissed by the cit(a) as in his opinion the provisions of the retrospective amendment by finance act of 1990 were clear to make ccs taxable as revenue income.6. we have heard the parties and considered their rival submissions. in our opinion, ..... in view of the decision of the special bench in the case of gedore tools (india) (p) ltd. (supra). it became incorrect when finance act 1990, introduced retrospective amendment making cash compensatory support taxable. therefore, the court held :'an assessee cannot be imputed with clairvoyance. when the return was filed, the assessee could not .....
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 : Supreme Court of India
Reported in : AIR2005SC514; 2005(2)ALD34(SC); 2005(5)ALLMR(SC)191; 2005(2)ALT32(SC); 2005(2)AWC1872(SC); 2005(3)BomCR781; (2005)107BOMLR967; (2005)2CALLT59(SC); 2005(1)CTC304; 118(2005)D
..... . only a specific provision to the contrary can exclude the special law. the specific provision would be a provision like section 100a.'48. far from doing away with the letters patent, the amending act of 2002 has left unscathed the provisions of section 129 and what follows therefrom. the contention must, therefore, fail.49. in the result, we are of the view that ..... high court is empowered to make rules 'not inconsistent with the letters patent to regulate its own procedure in the exercise of its original jurisdiction as it shall think fit.'44. mr. ram jethmalani then put forth what he submits is the legal effect of section 16 of the amending act, 2002. in his submission, the legal effect of this provision is to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
..... or order rendered by a single judge of the high court in writ proceedings has been done away with, consequently now with the c.p.c. amendment act, 2002, abolition of letters patent appeals is confined to appeals against the judgment of a single judge exercising his appellate jurisdiction, whether that appeal was against an original or appellate decree or ..... code which is in force from 1-7-2002 onwards as per the code of civil procedure (amendment act) 1999 as further amended by the amended act of 2002 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 ..... of this court on or after 1-7-2002 (that is the date of commencement of the c.p.c. amendment acts, 1999 and 2002) that a further appeal before the division bench of this court (i.e. letters patent appeal) would be barred against such decision of a single judge of this court.25. the analysis of the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi146; 14(1978)DLT132
..... patents and designs. the act did not fix any particular place for the establishment of this office, but in fact it was established ..... . to arrive at the true meaning of 'high court' in the act it is best to consider the scheme of the act as originally enacted in 1911. at that time there was only one patent office maintained under 9. 55 of the act which was subsequently repealed by the amending act 39 of 197o. the said patent office was under the control of the controller general of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom42; (1948)50BOMLR450
..... -council to which i have just referred was passed. therefore, the position is clear that although clause 44 permitted only the central legislature to amend the letters patent after the passing of the government of india act, 1935, it was the appropriate legislature which was given that power and under the government of india ..... and (4) the jurisdiction of the high court under the letters patent. before proceeding to consider these objections, i may state that the act which has been challenged is admittedly within the scope of the legislative authority of the local legislature. the act seeks to amend and consolidate the law relating to control of rents and repairs of certain ..... in cases of emergency under section 72 of that act. mr. seervai's contention is that even now after the passing of the government of india act, 1985, it is only the central legislature that can amend or alter the letters patent. section 292 of the government of india act, 1935, provided that the existing law of india .....
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