Court : Guwahati
..... 12-78. the claim for compensation for the death of diganta kalita was made by his father and was pending, when on 1-10-82 the motor vehicles amendment act 1982 act 47 of 1982 came into force and a new chapter vii-a 'liability without fault in certain cases', which included section 92-a, was introduced. the claimant ..... rule that plain words should be interpreted according to their plain meaning. there need be no meek and mute submission to the plainness of the language. to avoid patent injustice, anomaly or absurdity or to avoid invalidation of a law, the court would be well justified in departing from the so-called golden rule of construction so ..... notify. as to the commencement, i do not think it to be conclusive of the legislative intendment against retrospective operation because there were other provisions in the amending act and it is well known that such stipulation for commencement is made with a view to make preparation etc. for implementation of the provisions and when the government .....
Tag this Judgment!Court : Guwahati
..... when the above judgment was delivered the apex court knew about the provisions of section 100a of the amendment act and hence, by implication it may be held that pending letters patent appeals are not disturbed by the amending act. we are unable to agree with the above submission as there can not be any implied decision. ..... substituted by the above referred amendment acts reads as follows : '100a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for any high court or in any ..... us. the only factual aspect involved is that all these letters patent appeals were filed and pending before this court as on 1.7.2002, the date on which the code of civil procedure (amendment) act, 1999 and the code of civil procedure (amendment) act, 2002 were made effective or operative. 4. section 100a as .....
Tag this Judgment!Court : Guwahati
..... 1). in that case the question was whether in view of the provisions of section 39 of the act a second appeal under letters patent is maintainable. their lordships held that the arbitration act which is consolidating and amending act, being substantially in the form of a code relating to arbitration must be construed without any assumption that ..... it was not intended to alter the law relating to appeals. their lordships further observed that words of the act are ..... firmly established in india and remitting or setting aside an award solely because it is unreasoned would mean virtually introducing by a judicial verdict an amendment to the act when it is not been in the law for nearly 7 or 8 decades. 5. before i proceed further to consider the contentions regarding .....
Tag this Judgment!Court : Guwahati
..... orders which had been rendered by the tribunal were good and valid when they were so rendered. but the orders so rendered are patently invalid and wrong by virtue of the retrospect tive operation of the amendment act. therefore, when the application for rectification was made within the period of limitation prescribed under section 254(2) of the ..... 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 ..... must be held to affect even completed assessments. ' (emphasis* added).27. as such the high court held that there was great similarity in the language used in the amending acts and the supreme court held in venkatachalam, ito v. bombay dyeing and mfg. co. ltd. : [1958]34itr143(sc) that such provisions ' must be held to affect .....
Tag this Judgment!Court : Guwahati
..... matter to the iac who imposed an order of penalty by his order dated november 29, 1971. meanwhile as section 274(2) of the income-tax act had been amended by the t.l. (amend.) act, 1970, with effect from april 1, 1971, under which the iac did not have jurisdiction to impose penalty in such matters. on the question ..... from the sub-court to the high court and from the high court to the federal court under the federal court (enlargement of jurisdiction) act, 1947, read with clause 39 of the letters patent (mad) and sections 109 and 110 of the cpc provided the conditions thereof were satisfied, unless that right had been taken away expressly or ..... by necessary intendment by any subsequent enactment. 15. the constitution by article 395 repealed the govt. of india act and thereby abolished the federal court. it, .....
Tag this Judgment!Court : Guwahati
..... appeal has now become inoperative in view of section 100a of the code of civil procedure, 1908, which was inserted in the code by the code of civil procedure (amendment) act, 1976, under which no further appeal is to he against the judgment of single judge of the high court in a second appeal.' 8. in the above case, ..... appeal. this application was rejected by another single judge before whom it had been listed. without leave from the single judge, the maker of the application, filed the letters patent appeal in question. 19. the division bench held in ratanlal's case, air 1949 nagpur 188, that in entertaining and deciding application under order 41, rule 21 read ..... order passed by the learned single judge exercising second appellate jurisdiction in the second appeal, is barred by section 100a, c. p. c. notwithstanding anything contained in any letters patent. mr. saha contends that in view of section 100a, c. p. c. section 104, c, p. c. can be invoked only in an appeal against an appellate .....
Tag this Judgment!Court : Guwahati
..... the lpa in accordance with law. however, before the lpa could be taken up for hearing, the code underwent another set of broad based amendments and in terms of the civil procedure code amendment act, 2002, the provisions of letters patent appeal have been done away with. then the question arose as to whether the lpa was maintainable. a division bench of this court pinku trading ..... corporation v. bank of baroda reported in (2004) 2 gauhati lr 478, has. however, laid down that the letters patent appeal, which have been instituted before coming into force of the said amendment act, arc maintainable. the lpa has accordingly been taken up for hearing by us.2. the case of the plaintiff appellants may, in brief, be .....
Tag this Judgment!Court : Guwahati
..... new kenilworth hotel (p.) ltd. v. orissa state finance corporation, 1997 (3) scc 462, the 5. apex court held :'it is seen that the very object of introducing these amendments was to cut down the delay in disposal of suits and to curtail the spate of remedial step provided under the code. as held earlier, the right of appeal is ..... recent case of hemalata panda & ors. v. sukuri dibya & ors., 2000 9 (2) scc 218 held that in view of the provisions contained in section 104 cpc, the letter patent appeal against the order of the single judge is not maintainable. section 104 cpc clearly provides that no further appeal shall lie from an order passed in appeal under section ..... the constitution of india can not override the provisions of cpc, letter patent or the constitution.there is another aspect of the matter also. does the rule create a right of appeal as we know the right of appeal is a statutory right which is given under the act. no right can be created by rules derogatory to the provisions of .....
Tag this Judgment!Court : Guwahati
..... new kenilworth hotel (p.) ltd. v. orissa state finance corporation, 1997 (3) scc 462, the 5. apex court held :'it is seen that the very object of introducing these amendments was to cut down the delay in disposal of suits and to curtail the spate of remedial step provided under the code. as held earlier, the right of appeal is ..... recent case of hemalata panda & ors. v. sukuri dibya & ors., 2000 9 (2) scc 218 held that in view of the provisions contained in section 104 cpc, the letter patent appeal against the order of the single judge is not maintainable. section 104 cpc clearly provides that no further appeal shall lie from an order passed in appeal under section ..... the constitution of india can not override the provisions of cpc, letter patent or the constitution.there is another aspect of the matter also. does the rule create a right of appeal as we know the right of appeal is a statutory right which is given under the act. no right can be created by rules derogatory to the provisions of .....
Tag this Judgment!Court : Guwahati
..... in the instant case could not have exercised his power thereunder.23. incidentally the wages act had undergone an amendment in the year, 2005, whereafter in terms of the payment of wages (amendment) act, 2005, following officers/ persons can be appointed by the appropriate government to act as the authority thereunder.(a) any commissioner for workmens compensation, or(b) any officer ..... on the notice board of the certificate officer on 9.6.2004. in view of the above, the auction sale held on 29.6.2004 is patently in contravention of the rule 48 of the recovery rules which demands that no sale without the consent in writing of the certificate debtor, should take place ..... liability. the proceedings before the assistant labour commissioner, tinsukia, as the facts reveal, have therefore been in infraction of section 15(3) of the act rendering the order dated 23.10.2003 patently illegal and nonest in law.34. the apex court in supdt. of taxes, dhubri and ors. v. m/s onkarmal nathmal trust (supra .....
Tag this Judgment!