Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... has moved the judicial administration laws repeal bill, 2000 on 26.2.2000 has also stated in the parliament:'these are 17 pieces of legislation which are relevant to the administration of justice and these 17 legislation have now, with the evolution of new legislations, become somewhat irrelevant to the administration of justice'.235. the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been ..... were buttressed with further submission that act of 2001 was enacted to repeal a number of redundant and obsolete laws, which had no present utility and was not enacted to bring about any change in existing law as on the date of repeal. repeal of rajasthan high court ordinance, 1949 i also part of the same process. no change in law relating to intra court appeal or other jurisdictions, powers practice ..... even the question about the effect of judicial administrative laws (repeal) act, 2001 on the existing right of intra court appeal was before the apex court nor it has decided that issue.109. apparently, the kerala high court being not in existence at the time when constitution came into force on 26.1.1950, the question of applicability of article 225 of the constitution would not have arisen in the .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR2003Raj63; 2003(2)WLN28
..... . 1949 (hereinafter referred to as 'the ordinance'). that ordinance provided inter-court appeal against the judgment and order of the single judge passed in writ petitions and also against the judgments in first appeal by the single judge. the said ordinance stood repealed by the judicial administration laws (repeal) act, 2001 (act no. 22 of 2001) which received the assent of hon'ble the president of india on 29- ..... article 227 of the constitution of india is expressly barred? ordinance 18 of the ordinance 1949 reads as under : '18. appeal to the high court from judges of the court.--(1) an appeal should be to the high court, from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise ..... prescribe forms in which the books, entries and accounts shall be kept by the officers of any such courts and returns, submitted by them, to settle tables of fees to be allowed to amins (kariks or nazirs) and all clerks and officers of court, and regulate all such matters as it may think fit with a view to the promoting of their ..... a bare reading of ordinance 43 of the ordinance, 1949 indicates that the high court can exercise the power of superintendence over all courts, civil or criminal, which are subject to its appellate jurisdiction. sub-clauses (a) to (f) provides for inspection and supervision of the work of the subordinate court, call for returns, make and issue general rules and prescribe forms for regulating .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... to the historical background of a.p. civil courts act, 1972 (act xix of 1972). this is an act to consolidate and amend the law relating to the civil courts subordinate to high court in the state of andhra pradesh. it was enforced with effect from 1.11.1972. the said act repealed (a) the andhra pradesh (andhra area) civil court act, 1873, (b) andhra pradesh (telangana area) civil court act, 1954, (c) section 17 of andhra ..... not be taken away by subsequent statute except by express provision or by necessary intendment. there was according to the appellant, nothing in section 27 of the administration of evacuee property act 1950 (central act, xxxi of 1950), which expressly or by necessary intendment took away that vested right. it will be noticed that at the date of the commencement of ..... was sought to be contended that the appeal was properly laid and it was also within limitation as the limitation act came into force in goa, daman and diu from 1.1.1964 when the suit was pending before the lower court. the learned judicial commissioner held that the forum of appeal will be as provided in the indian code, however, did not ..... the division bench observed that right to prefer an appeal to the high court was not taken away by the amending act 19 of 1984.20. one of us (brsrj) in maddileti alivelamma v. saraswathamma, : 2001(2)ald605 , while considering the effect of andhra pradesh civil courts act, 1972 (as amended by act 29 of 1997) observed that the amendment to the provisions as amended in .....Tag this Judgment!
Court : Supreme Court of India
..... appeal was required to be filed in the judicial commissioner's court. under the central act xxx of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, daman and diu and the corresponding provisions of the portuguese code were repealed while under the goa act xvi of 1965 the instant suit which was ..... to recover certain property is a question of substantive law, for the determination and the protection of such rights are among the ends of the administration of justice; but in what courts and within what time i must institute proceedings are questions of procedural law, for they relate merely to the modes in which the courts fulfill their functions. it is true that under ..... appeal from a decision on reclamacao, from the high court in goa, daman and diu stood repealed and superseded by the extended indian laws when the judgment now under appeal was rendered." on the instant proposition, learned counsel for the appellant last of all, placed reliance on shyam sunder v. ram kumar, (2001) 8 scc24 wherein after relying on the conclusions drawn ..... amendment).21. according to learned counsel, his submission also flows from the mandate contained in section 6 of the general clauses act, 1897. for this, learned counsel placed reliance on ambalal sarabhai enterprises limited v. amrit lal and co., (2001) 8 scc397 in the above cited judgment, the respondent-landlord had filed an eviction petition on 13.9.1985 against .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2004AP136; 2004(1)ALD228; 2004(1)ALT250
..... the judicial commissioner's court at goa on 6.6.1968. in the meanwhile, by means of the central act 30/1965 the provisions of the code of civil procedure were extended to union territories of goa, daman and diu under which the corresponding provisions of the portuguese civil procedure code were repealed. the legislative assembly of goa, daman and diu enacted the goa, daman and diu civil courts act, ..... and the protection of such rights are among the ends of the administration of justice; but in what courts and within what time i must institute proceedings are questions of procedural law, for they relate merely to the modes in which the courts fulfill their functions.'the judgment of the apex court in maria christine's case was not referred to by the division ..... is discernible from the provisions of the said act that it operates prospectively. in view of the clear legal position, the two division bench judgments of this court in saraswathula kameswaramma's case and k. hara gopal's case cannot hold the field and the subsequent judgments of this court in m. alivelamma v. saraswathamma, : 2001(2)ald605 , and d. ramakrishna reddy v ..... . a.p. state co-operative societies, : 2001(4)alt270 , cannot also hold the field. we affirm the view taken by this court in kotina papayya's case that the right to appeal is a substantive right .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1988CriLJ1587; 1987MPLJ636
..... rights are among the ends of the administration of justice; but in what courts and within what time i must institute proceedings are questions of procedural law, for they relate merely to the modes in which the courts fulfil their functions.the above case thus lays down the law on the subject and it is clear therefrom that if the repealing act provides a forum of appeal different ..... who decreed it in march 1968. the question which arose was whether the appeal lay before the judicial commissioner's court as provided under the code of civil procedure read with section 22 of the goa, daman and diu civil courts act or to the court under the old portuguese code. their lordships after referring to the colonial sugar refining co. ltd. and veerava's cases (supra ..... . in that case an action was initiated before the comarco court at margao. the value of the property exceeded rs. 10,000/-. in the meantime the central civil procedure code, 1908 was extended to goa, daman and diu by act, no 30 of 1965. the portuguese code was also amended by goa, daman and diu civil courts act (act no. 16 of 1965) and the suit continued before the ..... ) observed that it was no doubt well settled that the right of appeal is a substantive right and it gets vested in a litigant no sooner the lis is commenced in the court of the .....Tag this Judgment!
Court : Delhi
Reported in : II(2008)BC619; 151CompCas485(Delhi)
..... (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required to be filed in the judicial commissioner's court. under the central act xxx of 1965 with ..... not be disposed of expeditiously because of lack of judicial officers at the magisterial level. it is in these circumstances that the high court issued the aforesaid administrative order transferring all the cases under section 138 of the negotiable instruments act, 1881 which were pending on 31.12.2001 from the courts of metropolitan magistrates to the courts of additional sessions judges. the division bench, after ..... through hon'ble mr. justice arijit pasayat) dealt with the nature and scope of section 115 of the cr.p.c. (which deals with revisionary powers of the high court in civil matters) and held as follows:32. a plain reading of section 115 as it stands makes it clear that the stress is on the question whether the order in favor ..... in a forum provided for by the repealing act. that the forum of appeal, and also the limitation for it, are matters pertaining to procedural law will be clear from the following passage appearing at page 462 of salmond's jurisprudence (12th edn.):whether i have a right to recover certain property is a question of substantive law, for the determination and the protection of .....Tag this Judgment!
Court : Orissa
Reported in : 85(1998)CLT240
..... raj 2 03. it is thus clear that under the repealing enactment (act xxx of 1965) read with goa enactment (act xvi of 1965) the appeal lay to the judicial commissioner's court and the same was accordingly filed in the proper court.'24. the aforesaid decision was rendered after taking into consideration the law enunciated in colonial sugar mill's and garikapati's case ( ..... order or decree passed by the subordinate judge in suits valued at more than rs. 5000/- lay before the high court. orissa civil courts act, 1984 was enacted and brought into force from january 1, 1985. under section 16 of the orissa civil courts act district court's appellate jurisdiction was extended to orders and decrees passed by the subordinate judges in original suits valued up to rs ..... clause (c) of the proviso to section 4 of central act xxx of 1965 (which corresponds to section ..... to recover certain property is a question of substantive law, for the determination and the protection of such rights are among the ends of the administration of justice; but in what courts and within what time i must institute proceedings are questions of procedural law, for they relate merely to the modes in which the courts fulfil their functions.' it is true that under .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1969Raj1
..... civil court of competent jurisdiction for the decision of the question. they can file such a suit within one year of the date of the publication of the list of wakfs and if no such suit is filed, the list would be final and conclusive between them. the very object of the wakf act is to provide for better administration ..... each wakf and (f) such other particulars relating to each wakf as may be prescribed. the commissioner has been given powers of a civil court for certain limit-ed purposes such as summoning and examining of witnesses, requiring the discovery and production of any document etc. section 5 ..... learned counsel also maintained that according to sec 197 of the rajasthan land revenue act 1956, pre-existing customs and usages relating to succession to estates were preserved in spite of the repeal of the land revenue act of the former jaipur state. 9. shri h. m. parakh on the ..... express any opinion regarding the merits of the claim. i am satisfied that the proceedings which were commenced with jurisdiction should be allowed to be completed by the, wakf board according to law. 24. as regards the so-called judicial committee, learned counsel for the respondents has submitted that respondents ..... the mutawalli of a wakf and includes any naib-mutawalli, khadim mujawar, sajjadamshin, amin or other person appointed by a mutawalli to per-form the duties of a mutawalli and save as otherwise provided in this act, any person or committee for the time being managing or administering any wakf .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom263; (1958)60BOMLR888; ILR1959Bom67
..... india published under the authority vested in it by the extra provincial jurisdiction act two orders-one the administration of kolhapur state order, and the other 'kolhapur state (application of laws) order. by the first order, provision was made for the administration of the state, and by the second order, divers acts which were in force in the bombay state and which were enacted either ..... made in virendra singh's case, : 1scr415 , can have any bearing on the question to be decided in this appeal. 10. finally, mr. amin invited our attention to a judgment of their lordships of the supreme court in ameer-un-nissa begum v. mahboob begum, : air1955sc352 . that was a case in which, it appears, that his exalted highness the nizam had ..... was equally a fountain head of the legislative and judicial authority. but, if, having regard to the circumstances of this case, the order was an executive order, and it did not amount to an 'enactment' within the meaning of clause (5) of the kolhapur state (application of laws) order, 1949, it was evidently not repealed, nor was it continued or preserved by the ..... or demand, or any indemnity already granted or the proof of any past act or thing.'2. the plaintiffs, who are the representatives of indulkar, served a notice under section 80 of the civil procedure code, upon the government of bombay, and by suit no. 1 of 1952, claimed to recover rs. 1,10,775 at compensation with interest at the rate of 6 per cent .....Tag this Judgment!