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Judgment Search Results Home > Cases Phrase: appellate jurisdiction acts 1876 1887 1913 and 1929 Page 1 of about 25,179 results (0.155 seconds)

Dec 11 1956 (HC)

Sita Ram Vs. Shahngu and ors.

Court : Allahabad

Reported in : AIR1957All261

..... rule 21 aparty asks the court of appeal to rehear an appeal which was decided by it. there can be no doubt that while hearing the appeal the court was acting in its appellate jurisdiction and what this application seeks is to have set aside the order passed after hearing the appeal. it has to be made to the ..... think that in exercising the power conferred by rule 21, order 41, the court acts in its appellate jurisdiction thus the judgment under appeal before us is a judgment passed in the exercise of appellate jurisdiction in respect of an order passed by the civil judge in the exercise of his appellate jurisdiction; and the former judgment is not appealable in the absence of a declaration that ..... of a decree or order made in the exercise of appellate jurisdiction by a subordinate court. it has not been contended that this court was not acting in the exercise of appellate jurisdiction, and the only contention of the learned counsel for the appellant is that the learned civil judge was not acting in the exercise of his appellate jurisdiction.we do not think this contention is correct according ..... to the learned counsel for the appellant himself, the application that was dismissed was an .....

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Jan 24 1979 (SC)

Sita Ram and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC745; 1979CriLJ659; (1979)2SCC656; [1979]2SCR1085

..... contention of the learned counsel that the right conferred on him under article 134 (1) (a) and (b) of the constitution and under the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, is curtailed is therefore without substance. in the result, we find that the contention of the learned counsel, namely that the impugned rule is beyond the rule-making power ..... 1) (b) enables the supreme court to frame rules as to procedure for hearing appeals the procedure thus prescribed will apply to appeals under the supreme court (enlargement of criminal appellate jurisdiction) act 1970. rule 15 of order xxi is framed under article 145(1), sub-article (b). the rules can provide for the procedure for hearing appeals. mr. mulla, the ..... xxi of the supreme court rules empowering the court to dismiss the appeal summarily is ultra vires being inconsistent with the provisions of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. it was submitted that the power of the supreme court to frame rules under art. 145 of the constitution canot be extended to annul the rights conferred ..... parliament may make law for conferring a statutory right of appeal on other classes of convicts. a pursuant to this power parliament has enacted the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, whereby persons acquitted by the trial court but awarded imprisonment l`or life, or for ten years and more, enjoy a statutory right of appeal. the proviso to .....

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Oct 26 1978 (SC)

Rajendra Singh Yadav Vs. Chandra Sen and ors.

Court : Supreme Court of India

Reported in : AIR1979SC882; (1979)4SCC111; 1978(10)LC862(SC)

..... contention of the learned counsel that the right conferred on him under article 134(1)(a) and (b) of the constitution and under the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, is curtailed is therefore without substance.77. in the result, we find that the contention of the learned counsel, namely that the impugned rule is beyond the rule ..... 1)(b) enables the supreme court to frame rules as to procedure for hearing appeals the procedure thus prescribed will apply to appeals under the supreme court (enlargement of criminal appellate jurisdiction) act 1970. rule 15 of order xxi is framed under article 145(1), sub-article (b). the rules can provide for the procedure for hearing appeals.71. mr. mulla, ..... xxi of the supreme court rules empowering the court to dismiss the appeal summarily is ultra vires being inconsistent with the provisions of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. it was submitted that the power of the supreme court to frame rules under article 145 of the constitution cannot be extended to annul the rights conferred under ..... article, parliament may make law for conferring a statutory right of appeal on other classes of convicts. pursuant to this power parliament has enacted the supreme court (enlargement of criminal appellate jurisdiction) act, 1970, whereby persons acquitted by the trial court but awarded imprisonment for life, or for ten years and more, enjoy a statutory right of appeal.5. the proviso .....

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Oct 27 2006 (HC)

B. Mohamed Yousuff Vs. Prabha Singh Jaswant Singh, Rep. by Its Power o ...

Court : Chennai

Reported in : LC2007(1)107

..... (2), was made appealable to a bench of the high court under sections 108(3) and 109(5) of the act. thus, under act 43 of 1958, the high court had ordinary original civil jurisdiction as well as civil appellate jurisdiction specifically provided for under the act itself. the application for rectification before this court, was an original proceeding, and an appeal against any order of ..... . 47 of 1999, provided for the constitution of a board known as 'intellectual property appellate board' virtually to exercise the jurisdiction vested in the high court under the old act and such board was to exercise original jurisdiction in respect of certain matters (such as rectification application) and appellate jurisdiction in respect of certain other matters (over the orders of the registrar). but no appeal was ..... the registrar and an appeal against every order of the single judge were appellate proceedings. the appeal against the order of the single judge .....

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May 19 2015 (HC)

Pepsi Foods Pvt. Ltd. (Now Merged With Pepsico Ind Vs. Assistant Comm ...

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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May 19 2015 (HC)

Pepsi Foods Ltd. Vs. Deputy Commissioner of Income Tax and Ors

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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May 19 2015 (HC)

Pepsi Foods Ltd. (Now Pepsico India Holdings) Vs. Deputy Commissione ...

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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May 19 2015 (HC)

Pepsi Foods Ltd. (Now Merged With Pepsico India Ho Vs. Deputy Commiss ...

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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May 19 2015 (HC)

Aspect Software Inc Vs. Astt. Director of International Taxation and ...

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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May 19 2015 (HC)

Ericsson Ab Vs. Addl. Director of Income Tax, Ors

Court : Delhi

..... appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution ..... pending before the appellate tribunal. it could well be said that when section 254 confers ..... 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is ..... 13. section 255(5) of the act does empower the appellate tribunal to regulate its own procedure, but it is very doubtful if the power of stay can be spelt out from that provision. in our opinion the appellate tribunal must be held to have the power to grant stay as incidental or ancillary to its appellate jurisdiction. this is particularly so when section .....

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