Court : Andhra Pradesh
Decided on : May-16-2002
Reported in : 2002(5)ALD142
..... unreasoned award, courts cannot interfere with such awards once the dispute is an arbitrable one and the arbitrator has jurisdiction to decide the same. a patent lack of jurisdiction initiates the award buta latent lack of jurisdiction (error within the jurisdiction) cannot be a ground for interference.70. construing the ..... error. the courts are not to investigate beyond the award of the arbitrators and the documents actually incorporated therein and therefore, when there would be no patent error on the face of the award, it would be open for the court to go into the proceedings of the award. (see : c ..... courts are not to investigate beyond the award of the arbitrators and the documents actually incorporated therein and, therefore, when there would be no patent error on the face of the award, it would not be open for the court to go into the proceedings of the award.in the ..... no merit in the contention that computation of lump sum damage in the absence of any material showing actual loss suffered by the contractor is patently unjust and improper warranting interference by the supreme court. it is not necessary to indicate in the award computation made for various heads and ..... that the findings made by the arbitrators were without any basis whatsoever and were not referable to documents relied upon and such findings were so patently unjust or perverse that no reasonable man could have arrived at such findings. hence, on the score of alleged misreading, misconstructive, mis-appreciation of .....Tag this Judgment!
Court : Orissa
Decided on : Feb-21-2002
Reported in : [2002(94)FLR278]; (2002)IILLJ229Ori; 2002(I)OLR336
..... of the judgment delivered by the delhi high court to the claim of the present respondents 2 to 166. the said judgment, as stated earlier, is impugned in this letters patent appeal.3. the learned counsel for the appellant, relying upon the amended provisions of section 4(3) of the payment of gratuity act which was introduced on september 24, 1997 ..... .s. naidu, j. 1. aggrieved by the judgment and order of the hon'ble single judge in o. j.c. no. 8236 of 1999 the appellant has filed this letters patent appeal.2. the case has a chequered career. respondents 2 to 166 are the retired employees of the appellant, steel authority of india (for short, the 'sail'). though initially, they .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-24-2002
Reported in : 2002(4)ALLMR208; 2002(6)BomCR771
..... not and cannot confer any jurisdiction on this court. in this view of the matter, leave granted by the court under clause xii of the letters patent has to be revoked. accordingly, chamber summons is made absolute in terms of prayer clause (a).16. after this order was dictated, the learned counsel ..... were made by the respondent ex parte in their absence and thereby the court was induced to grant the leave under clause xii of the letters patent. since the leave was granted ex parte without hearing the applicants, they are, contends learned counsel entitled to place before the court relevant materials and ..... suit reside or carry on business or personally work for gain within the local limits of it's original jurisdiction. 6. clause xii of the letter patent contemplates four contingencies mentioned above, when the suit can be entertained and tried in the high court of judicature at bombay. in respect of the ..... also made which was granted ex parte, by this court (coram: nishita mhatre, j.) on 16th july, 2001. 4. clause xii of the letters patent reads as under: original jurisdiction as to suits: 'clause xii: and whether it further ordain that the said high court of judicature at bombay in exercise of ..... that in july 2001, when the leave was granted the prevalent practice in this court was to present the petition (under clause xii of the letters patent) directly to the chamber judge, who after hearing the plaintiff's counsel ex parte either granted or refused the leave. it was only from 27-2 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-26-2002
Reported in : AIR2003AP107; 2002(6)ALT360
..... does not vitiate deed. the maxim demonstratio falsa non nocetapplies.' 24. as aforediscussed. the language used in ex. b.3 trust deed is quite intelligible and there is absolutely no patent ambiguity and applies accurately to the existing facts. the document specifically includes the three storeyed building, two shops and the land appurtenant to it. the qualifying words further added in ..... defective so as to render the meaning unintelligible or where the language though intelligible creates an obvious uncertainty of the meaning, extrinsic evidence is wholly inadmissible because it is a patent ambiguity; (2) where the language used is quite plain and intelligible but some difficulty arises in applying them to existing facts, for example, when a description is partly correct and ..... in order to show the sense in which the parties used the language employed, applies to a modern as well as to an ancient instrument, and where the ambiguity is patent as well as where it is latent.' (emphasis is mine) 15. the learned counsel relies upon another judgment of the orissa high court in basudev das v. somenath das, : air1964ori63 ..... deed or instrument, but there is some collateral matter out of the deed that breedeth the ambiguity.' (bacon's law tracts, reg. pages 23. 99). but whether the ambiguity is patent or latent the present case seems to me to be wholly covered by the provisions of section 97 of the indian evidence act. 1872. extrinsic evidence was, therefore, rightly admitted .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-17-2002
Reported in : (2002)4GLR3705
..... identical petition being special civil application no. 7130 of 1999. however, this petition has been summarily rejected, against which, said six petitioners had preferred letters patent appeal being l.p.a. no. 1324 of 1999 and said l.p.a. is also finally decided by this court [coram : mr. m. ..... made in the rejoinder filed by the petitioners. therefore, in pursuance of the directions issued by the division bench of this court in letters patent appeal no. 222 of 2001 and accordingly five posts of class iv employees are kept vacant with the state government. in light of these facts ..... agents to keep five posts of class iv employees vacant for the appellants, in the event of their success in this case. thereafter, this letters patent appeal has been finally heard and disposed of by the division bench of this court on date 26m june, 2001, whereby the division bench has ..... said ad-interim relief pending the present petition and vacated the ad-interim relief granted earlier. against the order vacating the ad-interim relief, letters patent appeal no. 222 of 2001 filed on 23rd march, 2001, wherein the l.p.a. bench has passed the order on 3rd april, 2001 ..... was decided and interim relief granted in the said application earlier came to be vacated, and therefore, being aggrieved thereof, the petitioners immediately preferred letters patent appeal no. 222 of 2001. thereafter, the respondent no. 2 has issued order of termination on 23rd march, 2001 and sending therewith retrenchment compensation .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-2002
Reported in : 2003(2)MhLj334
..... of the legislativeassembly, the advice of the council ofministers in regard to summoning andproroguing a house of the legislature and indissolving the legislative assembly, if suchadvice is not patently unconstitutional,should be deemed as binding on thegovernor.'keeping in view the aforesaid recommendations andconsidering the situations from two different angles,namely that the advice tendered by the council ..... of the legislativeassembly, the advice of the council of ministers in regardto summoning and proroguing a house of the legislature andin dissolving the legislative assembly, if such advice isnot patently unconstitutional, should be deemed as bindingon the governor. if the assembly is to be dissolved andan election can be held early, the governor shouldnormally ask the outgoing ministry to ..... committee, amritsar, with other rulings taking the same view thatthe provisions of section 98(2) c.p.c. are not applicableto high courts which are governed by letters patent andthe matter can be referred to a third judge on adifference of opinion between the two judges even on pointof facts.4. in the above view of the matter, it ..... chief justice for being referredto a third judge. the learned chief justice was pleasedto refer these petitions for my opinion as a third judgeunder clause 36 of the letters patent. that is how thesepetitions were placed before me for hearing and opinion.on maintainability of reference to a third judge:2. at the first instance, when these petitionswere .....Tag this Judgment!
Court : Orissa
Decided on : Nov-21-2002
Reported in : 2003(I)OLR229
r.k. patra, j.1. the insurer is the appellant which hasfiled this letters patent appeal challenging the validity of theorder dated 27.2.1997 passed by a learned single judge, whosubstantially dismissed its appeal which was directed againstthe order of the commissioner under the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-2002
Reported in : AIR2002SC1711; (SCSuppl)2002(3)CHN65; JT2002(Suppl1)SC561; (2002)2PLR580; RLW2002(2)SC335; 2002(3)SCALE280; (2002)4SCC460
..... the sub-registrar just before execution of sale deed is not made out. there was no good reason to upset the findings in the letters patent appeal as recorded by the learned single judge in the first appeal.14. in the result, we allow the appeal set aside the order passed ..... the mater is thus again before this court impugning in the judgment and order dated 28.7.2000 passed by the division bench in the letters patent appeal after remand.6. the division bench of the high court has reproduced in its judgment the issues, which were framed by the trial court. ..... contentions of the parties remanded the matter for fresh disposal by the division bench. the division bench hearing the case after remand allowed the letters patent appeal setting aside the order passed by the learned single judge in the first appeal restoring the decree passed by the trial court decreeing the suit ..... performance of contract. a decree for refund of the earnest amount was though passed in favour of plaintiff sarwan singh. sarwan singh however, preferred letters patent appeal no.335 of 1983, which was dismissed on 4.3.1991. the special leave petition was filed by sarwan singh in the supreme court, ..... this appeal has been preferred against the judgement and order dated 28.7.2000 passed by the division bench of punjab and haryana high court, allowing the letters patent appeal no.335 of 1983 preferred by the plaintiff, sarwan singh, who since dead, is represented by his legal representatives respondents no.1/ (i)(ii), ( .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-12-2002
Reported in : 2002(4)ALLMR637; 2002(6)BomCR1; (2002)4BOMLR941; 2002(4)MhLj536
..... the same suit where the cause of action for passing off has arisen outside bombay, he is entitled to do so after obtaining leave under clause xiv of the letters patent.in glaxo operators u.k. and anr. v. samrat pharmaceuticals, reported in 1984 ptc page 66, the delhi court held as under :--'10. during argument the complaint of the counsel ..... therefore, of passing off and infringement of trade mark hastaken place outside the jurisdiction of this court. in these circumstances, theplaintiff applied for leave under clause xiv of the letters patent.9. mr. vodital further submitted that the plaintiff had cleverly, by combining the case of infringement of copyright with the case for passing off brought the suit within the jurisdiction ..... deal with the plaintiffs case of infringement of its trade mark (when registered) and passing off as leave under clause xiv of the letters patent has not yet been obtained by the plaintiffs. mr. ravi kadam, the learned counsel appearing on behalf of the plaintiff has therefore confined his arguments to the case of infringement ..... the plaintiff and the defendant later when i deal with the question of infringement.6. after filing the suit, the plaintiffs applied for leave under clause xiv of the letters patent to join several causes of action relating to infringement of trade mark, passing of and infringement of copyright. that application is pending. it is not necessary therefore at present to .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-18-2002
Reported in : 2003(3)ALLMR596; 2003(4)BomCR412; 2003(2)MhLj823
..... therefore, one cannot say that the enquiry was not fair, proper and legal. both the awards: part i award as well as part ii award are patently erroneous and hence the same cannot be sustained. 40. as far as the strike is concerned, it is clear that the respondent employee along with others ..... and filthy language against the superiors and did not obey the orders of the superiors as clearly borne out in the evidence. therefore the errors are patent and apparent from the face of the record, inasmuch as the labour court has totally ignored the admitted fact that the respondent employee had taken part ..... mentioned hereinabove and not only of the two charges. hence, the learned counsel contended that the part ii award passed by the labour court suffers from patent errors apparent on the face of the record, the said award is also perverse and hence the same is liable to be quashed and set aside. 22 ..... could be again re-agitated if the award were to be against the petitioner employer. 13. aggrieved thereby, the present petitioner employer had filed a letters patent appeal no. 14 of 1994 before the division bench' of the high court wherein the division bench had declined to interfere with the order passed by the ..... i award as well as part ii award, present petition has been filed by the petitioner employer contending that both the parts of the award suffered form patent errors apparent on the face of the record and that both the parts of the award are perverse and are not sustainable in law. 4. the .....Tag this Judgment!