Search Results Page
Search Results
1 - 9 of 9 (0.22 seconds)Hoosein Kasam Dada (India) Ltd vs The State Of Madhya Pradesh And Others on 23 February, 1953
12. Aforesaid conclusions are on the finding that deposit of amount is not a procedure for an appeal but is an impediment to the substantive right as has been laid down in Hoosein Kasam Dada (India) Ltd. v. State of Madhya Pradesh (1953) SCR 987.
The Motor Vehicles Act, 1988
The Code of Civil Procedure, 1908
Janardan Reddy And Others vs The State Of Hyderabad And ... on 16 March, 1951
7. Submission of Mr. Sinha is supported by the decision reported in Janardan Reddy v. State (1950) SCR 940, where it has been laid down on principle that right of appeal is not merely a matter of procedure; it is a matter of substantive right. This right of appeal from the decision of an inferior Tribunal to a superior Tribunal becomes vested in a party when the proceedings are first initiated in and before a decision is given by the inferior court.
Section 110D in Motor Vehicles Act, 1939 [Entire Act]
Nagendra Nath Bose vs Mon Mohan Singha Roy And Ors. on 13 June, 1930
Considering the decision of the Judicial Committee reported in Colonial Sugar Refining Co. Ltd. v. Irving, LR (1905) AC 369 and various other decisions including the decision of the Calcutta High Court in Nagendra Nath Bose v. Man Mohan Singha Roy, 34 CWN 1009 (1930), it was held that an intention to interfere with or to impair or imperil such a vested right cannot be presumed unless such intention be clearly manifested by express word or necessary implication. After considering the various decisions, it was held:
Duryodhan Samal vs Smt. Uma Dei And Ors. on 2 September, 1985
10. Question of the right of appeal to a particular forum prior to the coming into force of the Orissa Civil Courts Act came to be considered by a Division Bench of this Court in the decision in Duryodhan Samal v. Uma Dei, ILR (1985) 2 Cut 257.
The Orissa Civil Courts Act, 1984
1