Court : Gujarat
Decided on : Jan-28-2003
Reported in : (2003)4GLR392
..... for further consideration.12.2 in view of the aforesaid grounds and observations, the vehement contention advanced on behalf of the appellant, in the letters patent appeal no. 12 of 2003, that the impugned interlocutory order of the learned single judge qua the appellant is bereft of reasons and logic, cannot ..... merits in this group of nine appeals instituted at the instance of gmb and therefore deserves to be summarily dismissed.12. insofar as the letters patent appeal no. 12 of 2003 is concerned, considering the main relief as well as interim prayer sought by the appellant, original-petitioners and the ..... on the grounds and reasons as under:-(1) the supposed interpretation and anticipated apprehension of the appellant-gmb in a group of nine letters patent appeals, out of ten, is misplaced and malnurtured, in view of the plain reading of the first part of clause (iii) contained in ..... the allottee only' contained in para 13 of the impugned common interlocutory order.10. with a view to recapitulate, we decline to entertain the letters patent appeals, against the impugned direction contained in clause (iii) of para 17 of the impugned common interlocutory order of the learned single judge, mainly ..... are being disposed of simultaneously by a common order after having heard the learned counsel appearing for the appellants.2. in this group of letters patent appeals, the central challenge in the focus has been the circular dated 4.10.2002, issued by the gujarat maritime board ('gmb' for .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-24-2003
Reported in : (2003)1GLR537; (2003)3GLR1878
..... is presided over by a sitting or a retired judicial officer.12. accordingly, the following principles would have to be applied while considering the question about maintainability of a letters patent appeal against the judgment of a single judge in a petition under article 226 and/or article 227 of the constitution :-(i) whether the petitioner has invoked jurisdiction of this ..... earlier in himatlal k. parekh v. competent authority : air1990guj130 and in jasubhai h. gandhi v. competent authority : (1990)2glr1140 , two division benches of this court had held that a letters patent appeal was not maintainable against the judgment of the single judge of this court in a petition challenging the order of the urban land tribunal under section 33 of the ..... order of the labour court, this court in its decision in lokmat newspapers (p) ltd. v. shankarprasad : (1999)iillj600sc stated that if a single judgeexercises jurisdiction under article 226. letters patent appeal would be maintainable,but if the jurisdiction is exercised under article 227 it will not be maintainable.but with an explanation that if the single judge of the high ..... the constitution and the learned single judge has also exercised the powers under both the said articles, and therefore, the present appeal is maintainable under clause 15 of the letters patent. the learned counsel has relied on the decisions of the apex court in umaji keshao meshram v. radhikabai : 1scr731 , ratnagiri dist. central co-op. bank ltd. v. dinkar .....Tag this Judgment!
Court : Gujarat
Decided on : May-05-2003
Reported in : (2003)2GLR1541
..... order, the learned single judge had held that the petitioners were entitled to the relief against reversion. that interim order was questioned in letters patent appeal and in that submission was raised that the interim order or interlocutory order is not a judgment, and therefore, appeal is not maintainable ..... division bench in paragraphs 25 & 26 are as under (at page no. 1674-75 of glr) :- '25. in case of any judgment, the letters patent appeal could be resorted to invoking clause 15. no doubt, the expression 'judgment' is not statutorily defined or articulated, but 'judgment' means order or decision permanent ..... . patel (supra), abatement was set aside by a learned single judge while hearing civil revision application. that order was subjected to challenge in letters patent appeal. the full bench of this high court has held that no us between the parties was decided by the court when abatement was set aside ..... learned single judge. it is, in this context, it has been submitted that the status-quo ante, means prior to the filing of the letters patent appeal, is sought, and the status and position of respondent, prior to the passing of the interlocutory order of the learned single judge, needs, ..... appellant, the court has admitted the appeal and also expedited its hearing. the appellant has filed civil application no. 1221 of 2003 in letters patent appeal no. 179 of 2003, for stay of interim order passed by the learned single judge. the said application was also notified for hearing .....Tag this Judgment!
Court : Gujarat
Decided on : May-08-2003
Reported in : (2003)4GLR461
..... great length heard the learned advocates as well as the learned agp appearing for the respective parties. we have also gone through the record and proceedings of all these letters patent appeals as well as special civil applications, and we have also considered the authorities relied upon by the respective parties. having regard to the facts and circumstances of the case ..... has submitted that the order passed by the learned single judge should not be interfered with by this court while exercising its appellate jurisdiction under clause 15 of the letters patent. he has further submitted that because of the administrative exigencies the daily waged employees were engaged and they have worked continuously for more than 240 days in a year. it ..... of 2002 and on behalf of the petitioner in special civil application no. 9547 of 2002. mrs. manisha lavkumar, the learned assistant government pleader is appearing in all these letters patent appeals as well as special civil applications on behalf of the deputy director of nagarpalika as well as director of municipalities. 11. mr. d.d. vyas, learned senior advocate appearing ..... and the remedy was available to the petitioners to approach the labour court under the industrial disputes act. 5. the say of the present respondents original-petitioners in these letters patent appeals is that the work of the appellant nagarpalika was of a permanent nature and the nagarpalika had not appointed any permanent staff for the said permanent nature of work .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-07-2003
Reported in : (2003)4GLR408
..... the court cannot go into such disputed questions while exercising writ jurisdiction under article 226/227 of the constitution of india or appellate jurisdiction under clause 15 of the letters patent. the authorities relied upon by mr. pande would also not render any assistance to the appellant as in samsher singh's case (supra), the hon'ble supreme court has ..... there was no question of giving any opportunity which has been so contended by the appellant before the learned single judge as well as before this court in this letters patent appeal. he has further submitted that the appellant has suppressed the material fact from the court and there was a big racket and investigations are going on to find out ..... . the order of termination was therefore held to be illegal and valid. it is this order of the learned single judge, which is under challenge before us in this letters patent appeal.4. heard mr. kb pande, learned advocate appearing for the appellant and mr. manish r. bhatt, learned advocate appearing for respondent no.1 and learned agp, ms. manisha ..... k.a. puj, j. 1. this letters patent appeal is filed against the order and judgment of the learned single judge passed in special civil application no. 2051 of 1992 on 2nd november 1993 whereby the petition ..... rightly considered all the aspects of the matter and come to the correct conclusion by dismissing the petition and upholding the order of termination. we, therefore, dismiss this letters patent appeal. no order as to costs. .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; 46SCL118(Guj)
..... affected by the provisions of section 104 of the c.p.c. in other words, between the provisions of the c.p.c. and the clauses of the letters patent, the letters patent would prevail. the leading judgment laying down the above principle was vaman ravji kulkarni v. nagesh vishnu joshi air 1940 bom. 216. a division bench of this court followed ..... appeal against the judgment of the single judge in a petition under article 227 of the constitution, the division bench made the following observations :-'24. the phraseology of the letters patent, the government of india act of 1915 and the government of india act, 1935, make it profusely obvious that the words 'original' and 'appellate' were used with reference to legal ..... bombay public trusts act, 1950 etc. the court specifically observed that it should not be taken to have expressed any opinion on the question whether section 100-a bars letters patent appeals against decisions of single judge of the high court while exercising appellate jurisdiction under such special statutes and clarified in the said case of madhusudan vegetables products co. ltd ..... rendered by a single judge of the high court in writ proceedings has been done away with, consequently now with the c.p.c. amendment act, 2002, abolition of letters patent appeals is confined to appeals against the judgment of a single judge exercising his appellate jurisdiction, whether that appeal was against an original or appellate decree or order. section 104 .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-09-2003
Reported in : (2003)4GLR554
..... of india, the high court could not have set aside any finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law.'73. the observations made by the bombay high court has, in case of standard chartered grindlays bank ltd. and govind phopale and ..... to interfere with the findings of fact.'4. needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a ..... . srivastava, j.) by order dated 10th august, 1999. this order of the learned single judge of this court was challenged before the division bench of this court by filing letters patent appeal no. 304 of 2000 which was decided by the division bench of this court (coram : d.m. dharmadhakari, c.j. and j.m. panchal,j.) on 17.7.2000 ..... ) of the i.d. act is a settled law.13. he also submitted that the same question has also been examined by the division bench of this court in letters patent appeal no. 1557 of 2001 dated 23.12.2002 and it has been held by the division bench of this court that the point whether the forest department is an .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-19-2003
Reported in : (2004)1GLR381
..... .9. as far as the merits of the matters are concerned, mr. oza has submitted that the impugned judgment and order passed by the tribunal is contrary to law and patently illegal and null and void as the tribunal has not taken into consideration the premium payable by the seller / transferor to the state govt. as section 43 of the tenancy ..... public interest suffers and large number of cases are going to be affected to the utter prejudice of the public interest, the delay of 54 days in filing these letters patent appeals can not come in the way of a party desirous of obtaining the decision on merits.' the delay was therefore condoned in the said matters.18. mr. oza has .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-26-2003
Reported in : [2004(101)FLR536]; (2004)1GLR160
..... be gone into by the labour court or industrial tribunal, and therefore, the civil court's jurisdiction to entertain a suit was held to have been impliedly barred. the letters patent appeals were dismissed and cross-objections filed by the corporation were allowed. it is in this background that the apex court was pleased to hold that the jurisdiction of the ..... matter to city civil court. all these letters patent appeals as well as the cross-objections were disposed of by a common judgment. the division bench of this court was pleased to hold that the city civil court was ..... corporation filed cross-objection in the letters patent appeal challenging that part of the judgment and decree of the learned single judge whereunder the single judge had quashed the decree of the city civil court and remanded the ..... be interfered with on the ground of want of competence on the part of the authority, who had passed the order. the plaintiff/workman assailed the same by filing letters patent appeal contending, inter alia, that the city civil court will have no jurisdiction to go into the procedural irregularities because the provisions of industrial disputes act are applicable. ahmedabad municipal .....Tag this Judgment!
Court : Gujarat
Decided on : May-03-2003
Reported in : [2004(102)FLR347]; (2004)1GLR885
..... of india, the high court could not have set aside any finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law.'10. in view of above discussion, there is no substance in the present petition and the same does not succeed and therefore ..... to interfere with the findings of fact.'4. needless to record that there is total unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a .....Tag this Judgment!