CiteTEXT
...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 dis...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 w...
...facts.5. The appellants' submissions are to the effect that this is an internal appeal from Single Judge to Division Bench and governed by clause 15 of the Letters...maintainability of the present appeal before the Division Bench against the impugned order of the Learned Single Judge rejecting the application for recalling the earlier order appointing the...the suit which causes some inconvenience or to some extent prejudices one party or the other can not be treated as a judgment,” otherwise the Appeal Court or the Division Bench will be flooded Page...
...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...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 th...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...
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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 ...
...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 ...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...from the decision of the Single Judge under three contingencies, and they are:—(1) Against a judgment or order of a Single Judge in the exercise of original jurisdiction...
....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 alter...committed by the High Court we do not think it appropriate to non-suit the appellant merely on the ground that the appellant could have approached the Division Bench against the judgment of the...
...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 ...
...jurisdiction, was not appealable under clause 15 of the letters patent, and therefore, no appeal lay against it from a Single Judge to a Division Bench and equally, there was no ...that against an order of a Single Judge, punishing for contempt, the appeal should lie, in the High Court, to a Bench of Judges and against a similar order of a Bench of Judges of a High Court, th...its jurisdiction to punish for contempt. The appeal should lie to a Bench of Judges of the High Court where the order or decision is of a Single Judge. Where the order or decision is of a ...
...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...
...injustice to the parties concerned, an appeal to the Division Bench would lie under Section 10 of the Delhi High Court Act.... However, the learned Single Judge, as will be obvious from the aforesaid, has neither held the judgment of the Division Bench to have been overruled by the Full Bench nor could the lear...suspension but even otherwise suspension is a part of disciplinary proceedings and once the learned Single Judge held the judgment of the Division Bench in Kathuria Public School to be applicable in the...
...is nothing 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 ...the trial 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 i...Order 42, Rule 1, though the rules of Order 41 have been made applicable to them. So Section 104 bars an appeal from the order. Moreover, the Civil Procedure Code makes no provision for an appeal within the High Co...
...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 ...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...
...1. A Division Bench which dealt with these cases referred the following question to a larger Bench:
Whether an appeal from an appellate order passed in an ...not lie to the Division Bench under the Letters Patent? Or., whether appeals from appellate orders of a single Judge under such enactments only which specifically...passed stating that this case is also referred to a larger Bench for the reasons stated in L.P.A. No, 2 of 1984, a Letters Patent Appeal against an order of a learned single Judge in an appeal fil...
...clause 10 of the Letters Patent consists of only two parts. In the first part, an appeal shall lie from a judgment of a learned Single Judge to the Division Bench not being a judgment pas...of the Letters Patent an appeal would lie against the judgment of the learned Single Judge to the Division Bench. Though the order granting status quo by the trial court was vacated by the High Co...exercised the original jurisdiction and an appeal would lie to the Division Bench under Order 43, Rule 1, this Court considered that the order of the learned Single Judge was a judgment within the...
...226 of the Constitution wherein it was specifically provided that such an appeal from a learned single Judge to a Division Bench under...certain provision of the Code of Civil Procedure in the matter of procedure do apply to appeal against the decision of the trial Judge to a larger Bench i.e to internal appeals’. But in view of th...appeal under the Contempt of Court from a single Judge to a Division Bench shall be treated as an appeal from orders and the provisions of the Appellate Side Rules for p...
...provisions of the Letters Patent of the High Courts in India, an appeal lies to a Division Bench from an order passed by a Single Judge and some High Courts have held that even though the...S. Murtaza Fazal Ali, J.— This appeal by special leave involves an important question as to the interpretation, scope, ambit and connotation of the word “interlocutory order...Code of Criminal Procedure, 1898 as amended in 1955 as “the 1955 Amendment” and to the Code of Criminal Procedure, 1973 as “the 1973 Code”. The appeal arises in the following circumstances...
..., referred to above? Both the learned Single Judge, and the Division Bench who heard the appeal from the learned Single Judge, have come to the conclusion that ...Act, 1922 (U.P Act 10 of 1922) — hereinafter referred to as “the Act”.2. The relevant facts out of which this appeal arises are these: On July 28, 1925, it was notified under...effect from September 1, 1925:“A tax on all persons ordinarily residing or carrying on business in the rural area of the Moradabad District according to their...
...prescribed for filing an appeal against the judgment of a Single Judge to a Division Bench is 30 days. Before the High Court, in the applications for condonation of delay, two grounds were set up,....4. The High Court apparently did not consider whether the appellant bona fide believed, as he claimed, that the period of limitation for filing an appeal from the judgment of a Single ...be excluded. The High Court rejected the applications observing that according to the rules of the High Court a memorandum of appeal against the judgment of a Single Judge not being required to be...
...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 C...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 ...
...of three or more judges, the appeal against the judgment and order of a learned single judge shall lie before a Bench of that court. A Bench of the court does not mean the Full Court as is well known and w...such an appeal shall lie before a Division Bench and not a Full Court. We are not concerned with any High Court consisting of less than three judges. If the intention of the Legislature were to debar an ...question for determination is as to whether this statutory provision is meant for a decision of an appeal against the order passed by a single judge of the High Court to be heard by a Division ...