...be appealed against is under Article 226. Rule 18 of the Bombay High Court Appellate Side Rules read with clause 15 of the Letters Patent provides for appeal to the Division Bench of the High Court from a ...the question of maintainability of an appeal against such a judgment of the Single Judge the Division Bench has to find out whether in substance the judgment has been passed by the learned Single...would be relevant. Thus, in each case, the Division Bench may consider the substance of the judgment under appeal to ascertain whether the Single Judge has mainly or principally exercised in the matter...

...dispute that an appeal lies to a Division Bench of the High Court from the judgment of a Single Judge of that Court in appeal from a judgment and decree of a court subje...P. Jaganmohan Reddy, J.— The question in this appeal by certificate is whether a Bench of the High Court of Patna in an appeal from the judgment of a Single Judge of that...Patent Bench hearing an appeal from a learned Single Judge of the High Court in a first appeal heard by him is entitled to review even findings of fact. The contention of the appellant therefore that...

...SC 1786, (1982) 1 SCR 187 where we have laid down various parameters and conditions under which an appeal can lie from a Single Judge to the division bench. para 115 at p. 1816 of the...before the LPA bench would be maintainable. More than this we would not like to say at this stage as we intend to send the case back to the division bench for admitting the appeal and disposing it of...according to law on merits. The order of the division bench dated April 1, 1982 is set aside and the division bench is directed to admit the appeal and decide it on merits in accordance with law and in...

...in the Letters Patent to restrict the application of Section 104 to the effect that even if one appeal lies to the Single Judge, no further appeal will lie to the Division Bench....Judge passes an order, an appeal against the judgment of the said trial Judge would lie to a Division Bench. Furthermore, there is an express provision in the Letters Patent where only in one case...clause 15 of the Letters Patent of the Bombay High Court no appeal to a Division Bench from the order of the Single Judge in exercise of appellate jurisdiction is maintainable...

.... 763 Patent for the Lahore High Court. There the question was whether a Letters Patent appeal lay from a judgment of a single Judge of the Bom...Ladli Prasad Jaiswal v. Karnal Distillery Co. Ltd. Ltd.(2) held that the expression "Court immediately below" in Art. 133 (1...the judgment of the single Judge to a Division Bench under cl. 10 of the Letters Patent was a "domestic appeal" within the High Court and in deciding whether the decree of a Division ...

...certainly lie from the judgment of the Single Judge of the High Court.”(emphasis supplied)22. From the aforesaid authorit...appeal shall lie from the judgment of a Single Judge to a Division Bench of the High Court if it is so permitted within the ambit and sweep of the Letters Patent....made in exercise of power of superintendence of Section 107 of Government of India Act or in exercise of criminal jurisdiction. An appeal shall lie to the Division Bench under Clause 15 of Letters Patent ...

.... Rule 18 of the Bombay High Court Appellate Side Rules read with Clause 15 of the Letters Patent provides for appeal to the Division Bench of the High Court from a judgment of the learned Single ...merits the application, in order to decide the question of maintainability of an appeal, against such a judgment, the Division Bench might examine the relief granted by the learned Single Judge. When more...disposed of’. As seen above, under Rules 1 and 17, applications under Articles 226 and 227 are required to be heard and disposed of by a Division Bench. Rule 4, however, gives power to a Single Judge to...

...necessary for the State to file an appeal in this Court against the judgment of the learned Single Judge when the matter was already seized of the Division Bench.7. The...within the meaning of Section 18 of the Rajasthan High Court Ordinance. Accordingly the Division Bench set aside the directions issued by the learned Single Judge. Thus these appeals by special leave....6. The question then is whether the Division Bench was right in setting aside the direction issued by the learned Single Judge to redraw the seniority list. It is contended by Mr S....

...Court Appellate Side Rules read with Clause 15 of the Letters Patent provides for appeal to the Division Bench of the High Court from a judgment of the learned Single Judge passed on a wr...learned Single Judge. The Division Bench, as noted above, dismissed the letters patent appeal on the ground that it was not maintainable as the order was in terms of Article 227 of the Constitution of...finally disposed of and when a Division Bench disposes it of, it is not finally disposed of. The right of appeal against the judgment of a Single Judge is given by the Letters Patent which have been...

...appeal but the Division Bench also confirmed the order passed by the learned Single Judge and dismissed the appeal. The said order is challenged in the present appeal....writ petitioner, it could not be said that by issuing such direction, the learned Single Judge had exceeded his jurisdiction. The Division Bench was, therefore, right in dismissing the appeal and no...opinion, the appeal deserves to be allowed by setting aside the order passed by the learned Single Judge and confirmed by the Division Bench.17. It is an admitted fact...

....8. So far as the other contention, namely, availability of an appeal to the Division Bench is concerned, we are of the opinion that that would not stand in the way of this Court in exerc...condoned. The learned counsel also urged that against the judgment of the Single Judge a special appeal lies to the Division Bench and the appellant not having taken recourse to the alternative remedy of...G.B Pattanaik, J.— Leave granted.2. The impugned direction of the learned Single Judge of the Allahabad High Court in Civil Miscellaneous Writ...

...substantial part of the order sought to be appealed against is under Article 226. Rule 18 of the Bombay High Court Appellate Side Rules read with Clause 15 of the Letters Patent provides for appeal to the Division ...holding that the appeal was not maintainable against the order of the learned Single Judge. In these circumstances we set aside the impugned order of the Division Bench and direct that the Letters...maintainability of an appeal against such a judgment of the Single Judge the Division Bench has to find out whether in substance the judgment has been passed by the learned Single Judge i...

...lakhs. The sale was confirmed in his favour on 29-8-1990. Thereafter Respondents 1 and 2 were sought to be impleaded to the suit but denied by the Single Judge. On appeal, while impleading them, the ....3. While disposing of the appeal, the Division Bench has pointed out that the sale was vitiated due to the manner in which the Single Judge dealing with company la...motu judicial notice of the illegality pointed out by the Division Bench, committed by the Single Judge of the High Court in bringing the properties to sale. Accordingly, we are of the view that the...

...present petitioner who was the appellant in the C.M Appeal, now prays for leave for filing a further appeal before the Division Bench. I do not see any reason for granting leave for appeal to the ...?(2) against a judgment of a Single Judge in First Appeal; and(3) against a judgment of a Single Judge in a Second Appeal, if the Judge who disposes of the S...Procedure When that is the position, bow could this Court recommend or grant leave for a further appeal to the Division Bench? Learned counsel for the petitioner would however contend that the bar in...

...Division Bench ought to have sent the appeal back to the Single Judge with the answer rendered by them to the question referred by the Single Judge and left it to the Single ...obvious that since only the aforesaid question of law was referred by the Single Judge to the Division Bench, the Division Bench should have sent the matter back to the Single ...either by a learned Single Judge or Division Bench to a larger Bench i.e Division Bench or Full Bench or Constitution Bench, as the case may be, the larger ...

...letters patent as applicable to the High Court of Patna, an order passed by a Single Judge of the High Court can be challenged by filing an intra-court appeal before a Division Bench of the same Court. The...and holding that the scope of appeal before the Division Bench was similar to one before a Single Judge, this Court stated: (Asha Devi case (...of a Single Judge of that court in appeal from a judgment and decree of a court subject to the superintendence of the High Court. The only question is whether the power of a Division ...

...directions on merits of the dispute. Clause 15 of the Letters Patent provides for an appeal from a “judgment” of a Single Judge in exercise of original jurisdiction to a Division Bench. I...expression in Section 18 of the Rajasthan High Court Ordinance. Accordingly, the Division Bench set aside the direction of the learned Single Judge to redo the list. The said order was challenged before...of 1998. A Division Bench of the High Court dismissed the said appeal as not maintainable by the impugned judgment dated 26-2-2001, on the following two grounds:(i...