Court : Supreme Court of India
Reported in : AIR2007SC663; 2007(2)AWC1148(SC); 2007(1)CTC186; [2007(2)JCR202(SC)]; 2007MPLJ25(SC); RLW2007(2)SC1636; 2006(13)SCALE645
..... right can be taken away by a subsequent enactment either expressly or by necessary intendment. the parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect from 1.7.2002, took away the letters patent power of the high court in the matter of appeal against an order of learned single judge to the ..... of the code, held:it is thus to be seen that when the legislature wanted to exclude a letters patent appeal it specifically did so. the words used in section 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence of such words ..... of section 100a of the code of civil procedure, 1908 (for short, 'the code') is involved in this appeal which arises out of a judgment and order dated 19.09.2005 passed by a division bench of the high court of rajasthan, jaipur bench, jaipur in d.b. special appeal no. 22 of 1992.3. the father of appellant indisputably .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC1967; JT2005(2)SC424; 2005(2)KLT613(SC); (2005)3SCC351; (2005)2UPLBEC1126
..... 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 was necessarily involved in the legal fiction about the retrospective operation of the amendment act.' a notice issued by the income tax officer calling upon the respondent ..... s. balaram v. volkart brothers, bombay : [1971]82itr50(sc) , while interpreting section 154 of income tax act, 1961, this court indicated that a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there ..... on october 09, 1952, and assessed the respondent under the income tax act 1922. by the said assessment order, respondent was given credit for certain amount. the act was thereafter amended and was give retrospective effect from april 01, 1952. under the said amendment the respondent was entitled to a lesser amount. a notice was, therefore, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2124; (1973)2SCC192; [1974]1SCR198; 1973(5)LC733(SC)
..... court is in conformity with the intent and language of the legislature and is also in accord with the authorities of this court.on a further appeal under the letters patent the division bench purporting to follow the full bench decision of that court in ude bhan and ors. v. kapoor chand and ors. i.l.r. 1966 pun ..... bench of the punjab high court in a letters patent appeal.2. the question for decision in this appeal depends upon the interpretation of clause (ccc) added to the proviso to sub-section (1) of section 60 of the cpc by punjab relief of indebtedness act 7 of 1934 as amended by punjab acts 12 of 1940 and 6 of 1942 exempting from ..... properties including the building in dispute. on 21-11-1956 the appellants filed an objection petition under section 60 of the cpc read with section 4 of the provincial insolvency act in respect of taking the possession of the building in dispute basing this upon clause (ccc) above referred to. the official receiver contended that the property in dispute .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1573; [1964]7SCR1
..... v. the state of madras and others [1959] 2 s.c.r. 227, this court by a majority decision held that s. 43a of the act as amended by the madras amendment act, 1948 must be given a restricted meaning and the jurisdiction it conferred on the state government to issue orders and directions must be confined to administrative functions. ..... , this court held by a majority decision that the orders and directions issued under s. 43a were merely executive or administrative in character and their breach, even if patent, would not justify the issue of a writ of certiorari. it was also observed that though the orders were executive and did not amount to statutory rules, they ..... the learned single judge who heard his writ petition dismissed the petition, on october 18, 1962. the appellant then challenged the correctness of this decision by a letters patent appeal no. 214 of 1962 before a division bench of the said high court. the division bench, however, agreed with the view taken by the single judge and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC875; [1958]34ITR143(SC); (1958)IIMLJ182(SC); [1959]1SCR703
..... 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. if, as a result of the said fiction we must read the ..... is based on the provisions of section 3, sub-section (2), section 7, sub-section (2) and section 30, sub-section (2) of the amendment act. where the amendment act intended that its provisions should affect even concluded orders of assessment it is expressly so provided. since section 13 does not specifically authorise the reopening of concluded assessments ..... made can be said to disclose a mistake apparent from the record if the said order would be erroneous in view of a subsequent amendment made by the amendment act when the amendment act is intended to operate retrospectively 2. it is unnecessary to refer to the provisions of section 18a(5) as well as the provision .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1369; [1974]96ITR73(SC); (1972)4SCC389
..... 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. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction we must read the subsequently inserted ..... held that as a result of the legal fiction brought about as a result of the retrospective operation given to the amending act, the subsequently inserted proviso must be read as forming part of section 18-a(5) of the principal act as from april 1, 1952, and consequently the order of the income-tax officer dated october 9, 1952, was ..... 0 as representing interest on tax paid in advance under section 18-a(5) of the income-tax act. on may 24, 1953, the indian income-tax (amendment) act, 1953 came into force adding a proviso to section 18-a(5) of the act to the effect that the assessee was entitled to interest not on the whole of the advance tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC540; [1957]1SCR488
..... has either abolished the court to which an appeal then lay or has expressly or by necessary intendment given the act a retrospective effect. we agree with the calcutta high court that the words of the amended letters patent do not admit of such an interpretation.' 23. the principle laid down by the privy council in colonial sugar ..... decree or order sought to be appealed from was made in the exercise of civil appellate jurisdiction. after the payment order had been made pepsu ordinance (x of 2005) was promulgated. section 52 of the ordinance required a certificate of fitness for appeal in all cases, including the winding up cases. on february 2, 1950, an ..... the commencement of those proceedings which was prior to the date when the pepsu ordinance (x of 2005) came into force. 27. similar principle has also been adopted in cases, where court fees were increased by subsequent amendment of the court fees act. reference may be made to the cases of r. m. seshadri v. province madras : air1954mad543 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1442; [1965]2SCR756
..... declared subject to appeal to the high court of judicature at lahore by any law made by competent legislative authority for india. 7. clause 10, before its amendment by letters patent of 1928, read of follows : 'and we do further ordain that an appeal shall lie to the said high court of judicature at lahore, from the judgment ..... say the judgment of a single judge in that appeal becomes subject to an appeal to the high court under clause 10 of the letters patent. (2) section 43 of the act is only a bar to initiate collateral proceedings for the purpose of questioning the order of the tribunal and it does not make the judgment ..... and it shall not be called in question in any original suit, application or execution proceeding. mr. viswanatha sastri contends that the last sentence in section 43 of the act gives colour to the expression 'final'. according to him, finality is only with reference to collateral proceedings, such as, suits, applications and execution proceeding. 19. the expression .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2011SC1290
..... . in this situation, the court only gives a declaration that the proposed omission by doctors is not unlawful. 32. in u.k., the mental capacity act, 2005 now makes provision relating to persons who lack capacity and to determine what is in their best interests and the power to make declaration by a special court ..... informed. 7 the patient can rescind his decision at any time in response to concerns that patients with depression may seek to end their lives, the 1999 amendment provides that the attending physician must determine that the patient does not have `depression causing impaired judgment' before prescribing the medication. under the law, a person ..... s. supreme court held that the asserted right to assistance in committing suicide is not a fundamental liberty interest protected by the due process clause of the fourteenth amendment. the court observed : "the decision to commit suicide with the assistance of another may be just as personal and profound as the decision to refuse unwanted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1062; (1978)2SCC559; [1978]3SCR147; 1978(10)LC224(SC)
..... amendment) act, 1969. the contentions raised by the appellant in the second appeal were overruled by the high court and the appeal was dismissed and the decree for eviction was affirmed. upon a certificate granted by the learned single judge of the high court the appellant preferred appeal under clause 15 of the letters patent ..... independently considering the question' we discern nothing substantially different in the analysis or approach to merit review of our result. we hold section 13 of the amendment act valid and repel the vice of unreasonableness discovered in both the reported rulings of the high court.6. while upholding constitutional validity of sub-section ( ..... to the certificate. this decision cannot help the appellant because when a certificate is granted under article 133(1) as it stood prior to the constitution (thirtieth amendment) act, 1972, an appeal lay to the supreme court from any judgment, decree or final' order, if the high court certified the case falling under clauses ( .....
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