Search Results Page
Search Results
21 - 30 of 61 (0.85 seconds)Avtar Narain Behal vs Subhash Chander Behal on 20 October, 2008
39. Avtar Narain Behal (supra) is a Full Bench judgment of the Delhi High
Court holding (in the concluding portion of paragraph 22 of the ILR Report)
that "The language of Section 100A does not suggests that the exclusion of
the right of appeal available under the Letters Patent is confined only to the
matters arising under the Code and not under any enactments".
National Sewing Thread Co. Ltd vs James Chadwick & Bros. Ltd.(J.& P. Coats ... on 7 May, 1953
15. But there is one hurdle that prevents us from overruling the objection at
the threshold. At the time when National Sewing Thread Co. Ltd. (supra)
was decided Section 100A was not there in the Code. It therefore needs to be
seen as to whether insertion of the said provision would affect the exercise of
appellate jurisdiction by the High Court in the present case. In case it does,
an appeal may not be maintainable against an order passed on an appeal
under Section 91 of the 1999 Act.
R.M.A.R.A. Adaikappa Chettiar vs R. Chandrasekhara Thevar on 29 July, 1947
The same view was expressed by Their Lordships of the Privy Council in
Adaikappa Chettiar v. Chandrasekhara Thevar, (1946-47) 74 IA 264 : 1947 SCC
OnLine PC 53] wherein it was said : (IA p. 271)
7
(1953) 1 SCC 794
Page 6 of 27
"... where a legal right is in dispute and the ordinary courts of the country are
seized of such dispute the courts are governed by the ordinary rules of procedure
applicable thereto and an appeal lies, if authorised by such rules,
notwithstanding that the legal right claimed arises under a special statute which
does not in terms confer a right of appeal...."
Garikapatti Veeraya vs N. Subbiah Choudhury on 1 February, 1957
In this connection, learned counsel invited our attention to a decision
Page 10 of 27
of this Court in Garikapatti Veeraya v. N. Subbiah Choudhury [1957 SCR 488 : AIR
1957 SC 540] and in that it has been pointed out that the appeal is a vested right.
The majority took the view that the appeal is a vested right. It was held as follows:
Kihoto Hollohan vs Zachillhu And Others on 18 February, 1992
In Kihoto Hollohan vs.
Zachillhu & Ors.9 the Hon'ble Supreme Court observed as follows:-
State Of Gujarat vs Gujarat Revenue Tribunal Bar ... on 20 January, 2016
25. The observations of the Hon'ble Supreme Court in State of Gujarat &
Anr. vs. Gujarat Revenue Tribunal Bar Association & Anr.10 elaborate
the point further in the following manner:-
The Engineering Mazdoor Sabha ... vs The Hind Cycles Ltd., Bombay(And ... on 18 October, 1962
1956 Cri LJ 326], Engg. Mazdoor Sabha v. Hind Cycles Ltd. [AIR 1963 SC
874], Associated Cement Companies Ltd. v. P.N. Sharma [AIR 1965 SC 1595], Rama
Rao v. Narayan [(1969) 1 SCC 167 : AIR 1969 SC 724], State of H.P. v. Mahendra
Pal [(1999) 4 SCC 43 : AIR 1999 SC 1786] , Keshab Narayan Banerjee v. State of
Bihar [(2000) 1 SCC 607 : 2000 SCC (Cri) 272], Indian National Congress
(I) v. Institute of Social Welfare [(2002) 5 SCC 685 : AIR 2002 SC 2158], K.
Shamrao v. Asstt. Charity Commr. [(2003) 3 SCC 563] , Trans Mediterranean
Airways v. Universal Exports [(2011) 10 SCC 316 : (2012) 1 SCC (Civ) 148], SCC p.
State Of Himachal Pradesh vs Raja Mahendra Pal & Ors on 31 March, 1999
1956 Cri LJ 326], Engg. Mazdoor Sabha v. Hind Cycles Ltd. [AIR 1963 SC
874], Associated Cement Companies Ltd. v. P.N. Sharma [AIR 1965 SC 1595], Rama
Rao v. Narayan [(1969) 1 SCC 167 : AIR 1969 SC 724], State of H.P. v. Mahendra
Pal [(1999) 4 SCC 43 : AIR 1999 SC 1786] , Keshab Narayan Banerjee v. State of
Bihar [(2000) 1 SCC 607 : 2000 SCC (Cri) 272], Indian National Congress
(I) v. Institute of Social Welfare [(2002) 5 SCC 685 : AIR 2002 SC 2158], K.
Shamrao v. Asstt. Charity Commr. [(2003) 3 SCC 563] , Trans Mediterranean
Airways v. Universal Exports [(2011) 10 SCC 316 : (2012) 1 SCC (Civ) 148], SCC p.
Indian National Congress (I) vs Institute Of Social Welfare & Ors on 10 May, 2002
1956 Cri LJ 326], Engg. Mazdoor Sabha v. Hind Cycles Ltd. [AIR 1963 SC
874], Associated Cement Companies Ltd. v. P.N. Sharma [AIR 1965 SC 1595], Rama
Rao v. Narayan [(1969) 1 SCC 167 : AIR 1969 SC 724], State of H.P. v. Mahendra
Pal [(1999) 4 SCC 43 : AIR 1999 SC 1786] , Keshab Narayan Banerjee v. State of
Bihar [(2000) 1 SCC 607 : 2000 SCC (Cri) 272], Indian National Congress
(I) v. Institute of Social Welfare [(2002) 5 SCC 685 : AIR 2002 SC 2158], K.
Shamrao v. Asstt. Charity Commr. [(2003) 3 SCC 563] , Trans Mediterranean
Airways v. Universal Exports [(2011) 10 SCC 316 : (2012) 1 SCC (Civ) 148], SCC p.