DIPAK MISRA, S.K.KULSHRESTHA, K.K.LAHOTI
Laxminarayan – Appellant
Versus
Shivlal Gujar – Respondent
Misra, J. -- The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'juscivile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that simple pure reason, William Shakespeare spoke: ''The Law hath not been dead, though it hath slept. "We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of section 100-A of the Code of Civil Procedure, 1908 (in short 'the Code') the Legislature, by taking recourse to dexterous method, has completely obfuscated the rights of' a litigant to maintain a Letters Patent Appeal in invocation of clause 10 of the Letters Patent against the judgment and decree or orde
1. (Sachish Chandra Jain and another v. Shri Bhagwan and others) = 2002 (II) MPJR 138
3. Kolhapur Canesugar Works Ltd. and another v. Union of India and others
6. Shri Shiv Kripal Singh v. Shri V. V. Giri
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12. Smt. Asha Devi v. Dukhi Sao and another
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14. Srichand v. Tejinder Singh and others = 1979 JLJ 180
16. Hoosein Kasam Dada (India) Ltd. v. The State of Madhya Pradesh and others
17. Lakshmi Narain v. First Additional District Judge, Allahabad
22. Ganapat Giri v. and Additional District Judge. 13 alia and others
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25. Jose Da Costa v. Bascom Sadasiva Sinai Narcornim
26. Delhi Cloth and General Mills Co. Lid. v. Income Tax Commissioner = (AIR 1927 PC 242).
27. Garikapati Veeraya v. N. Subbiah Choudhary
29. Gurbachan Singh v. Satpal Singh
32. Arul Nadar v. Authorised Officer Land Reforms
33. Jagdish Chandra Patnaik v. State of Orissa = (1998) 4 SCC 456
34. Harshad S. Mehta and others v. State of Maharashtra = (2001) 8 SCC 257.
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36. Union of India v. Elphinstone Spinning and Weaving Co. Ltd. = AIR 2001 SC 724
38. Shyam Sunder and others v. Ram Kumar and another = (2001) 8 SCC 24
39. Harbhajan Singh v. Press Council of India
40. D.R. Venkatachalam v. Dy. Tramport Commissioner
42. R. Rajagopal Reddy (dead) by LRs and others v. Padmini Chandrashekharan (dead) by LRs.
18. General Manager Northern Railway and another v. Sarvesh Chopra
20. Chuluram v. Bhagatram = 1979 JLJ 730
37. P. Nirathilengam v. Annaya Nadar and others = (2001) 9 SCC 673
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