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RIGHT OF APPEAL

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 20-7-2015 - Whether the appeal to be filed against the order of original authority is absolute right? For this question the Supreme Court gave answer in Vijay Prakash D. Mehta V. Collector of Customs - 1988 (8) TMI 109 - SUPREME COURT OF INDIA. In the said case the Supreme Court held that the is neither in absolute right nor an ingredient of Natural Justice, the principle of which must be followed in all judicial or quasi judicial adjudications. .....

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n can stipulate a requirement of pre deposit as a condition precedent to an appeal to be entertained. The restraint on the power of the legislature to do so , is that the condition which is prescribed should not be so onerous so as to restrict or abrogate the right of the appeal altogether. A condition which is unduly onerous will render the illusory and would hence run the risk of being held to be arbitrary and of being violative of the fundamental right conferred by Article 14 of the Constitut .....

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on. In Government of Andhra Pradesh V. P. Laxmi Devi - 2008 (2) TMI 850 - SUPREME COURT the Supreme Court upheld the constitutional validity of Section 47A of Indian Stamp Act as applicable in the State of Andhra Pradesh. The proviso stipulated that no reference would be made by Registering Officer unless an amount equal to 50% of the deficit duty was deposited. The next question whether such vested can be taken away by the legislation? In Garikapatti Veeraya V. N. Subbiah Choudhury - 1957 (2) T .....

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e suit; The is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment is pronounced such right is to be governed by the law prevailing at the date of the institution of the suit or proceeding and not by the law that prevails at the date of decision or at the date of the filing of the appeal. This vested can be taken away by a subsequent enactment, .....

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fically barred, but there is no unless conferred. For filing a suit right is not required to be conferred by any statute whereas since the is the right from the statutory provision by which is created, such a right has got to be conferred. It does not inhere in a litigant. Now we may see the effect of new enactment or amendment to the original law in respect of appeal curtailing the rights. Justice G.P. Singh in his treatise on Statutory Interpretation has elucidated that it is a cardinal princi .....

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onere debet non praeteritis . Lord Blanesburg noted that the provisions touch a right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment. Lopes L.J. observed that every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation or imposes a new duty, or attaches a new disability in respect of transactions already past, must be presumed to be intended not to h .....

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f the restrospectivity intended by Parliament. In Hoosein Kasam Dada (India) Limited V. State of Madhya Pradesh - 1953 (2) TMI 35 - SUPREME COURT OF INDIA it was held that the pre existing is not destroyed by the amendment if the amendment is not made retrospective by express words or necessary intendment. The fact that the pre-existing continues to exist must, in its turn, necessarily imply that the old law which created that must also exist to support the continuation of that right. As the old .....

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