Court : Andhra Pradesh
Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530
..... 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 ..... passed in appeal under this section.10. section 100a was, for the first time, inserted in the code by amendment act no. 104 of 1976. the same was as under: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 law for ..... supreme court held that u.p. high court (abolition of letters patent appeals) act, 1962 and u.p. high court (abolition of letters patent appeals) (amendment) act 33 of 1972 were constitutional.40. the ratio of these decisions is that the competent legislature can amend and even abolish the letters patent. undisputedly, section 100a of the code is a piece of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD181; 2002(4)ALT594
..... of 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 is ..... 7. section 97(n) of chapter v of the amendment act, 1976 declared that section 100-a, as inserted in the principal act by section 38 of this act, shall not apply to or affect any appeal against the decision of a single judge of a high court under any letters patent which had been admitted before the commencement of the ..... the provisions of code of civil procedure. 1908. section 38 of the amendment' act inserted new section 100-a prohibiting further appeals in certain cases. section 100-a reads as follows:'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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ2004; AIR2003AP458; 2003(4)ALT216; 2003(3)CTC667
..... , 1999 (46 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 ..... 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 ..... decided by a single judge of a high court.8. it is true that no amendments as such are made to the letters patent. the letters patent remains intact. but what is prohibited is further appeal notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law.9. in .....
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
..... 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 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 ..... (10 of 1897).19. actually, this was the provision, which prompted the division bench to hold that section 97 of the amending act expressly excluded the carry forward of amendment under the old code to the extent they were inconsistent with the new code.20. the net result, pursuant to the said judgment of the division bench .....
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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1978]112ITR58(AP); [1978]41STC232(AP)
..... prima facie it may appear somewhat strange that an 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.....' the action of the income-tax officer was held to be justified. to a like effect is the dicta laid down by ..... and it brings into debit expenditure the amount for which a legal liability has been incurred before it is actually disbursed'. therefore, notwithstanding the retrospective effect of the amending act 9 of 1970, the amount of rs. 51,220, he contended, cannot be treated as 'income' of the assessee in the respective financial year 1969-70.5 ..... commission agents successfully and the case is reported in irri veera raju v. commercial tax officer . to get over the effect of the decision of this court. amendment act 5 of 1967 was enacted. a new section 11 was substituted with retrospective effect from 1st august, 1963, enabling the sales tax authorities to levy and collect the .....
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