...).5. We need not go into the arguments relied on the basis of difference in the language of Cl. 18 of the Letters Patent of Bombay High Court and Cl. 18 of the Rajasthan High Court Ordinance...Court in Shah Babulal Khimji v. Jayaben D. Kania (1). Learned counsel submitted that Cl. 15 of the Letter Patent of the Bombay High Court.... (2) of Sec. 104 would operate against the provisions of Cl. 10 of the Letters Patent also. This is the view taken by the Division Bench of our High Court also. The right of appeal is a creature of the...

.... Abolition of appeal from judgment or order of Single Judge of High Court made in exercise of original or appellate jurisdiction.—(1) Notwithstanding anything contained in the Letters Patent for the High Court of Judicature at Bombay, dated...1. Short title and commencement.—(1) This Act may be called the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals...Article 228 of the Constitution of India, pending before the High Court of Judicature at Bombay, on the date of commencement of this Act, or filed on or after the said date, whether the...

..., the following common question emerges for adjudication.“Whether Letters Patent Appeal filed under clause 15 of the Letters Patent of the Bombay High Court is maintainable against the...Constitution of India, before the Division Bench?”3. Consequent upon preliminary objection, being raised on behalf of the respondents about maintainability of the Letters Patent Appeals, the above question emerges for adjudication. The learned Advocates appearing for the respondents in support of the preliminary objection contended that under clause 15 of the Letters Patent of the Bombay High Court no...respondents touching the maintainability of the appeals under Clause 15 of the Letters Patent, it would be appropriate to reproduce clause 15 of the Letters Patent, which reads thus:—“Appeal to the High Court from Judges of the Court. — And we do further ordain that an appeal shall lie to the said High Court of Judicature at Bombay from...

...the effect of sub-section (1) of section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was...sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent Bench of this Court established under section 9 of the said Act of 1981?”After hearing the learned counsel for the parties, we have also framed the following questions:—(c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court...maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution?(d) Whether the decision dated 20 June 2009 of a Division Bench of this Court in Sanjay Z. Rane v. Smt. Saibai S. Dubaxi (since deceased) through her legal representatives, (Letters Patent Appeal...

...maintainability of the Letters Patent Appeal. Under clause 12 of the Letters Patent of Bombay High Court, the Letters Patent Appeal lies against a judgment in a suit relating to land. The question before the...cannot be treated as suit for land and, hence, the Apex Court has held that the Letters Patent Appeal in the said case was not maintainable under clause 12 of the Letters Patent of Bombay High Court.13...146 : AIR 1948 Nag. 406. Similar view is taken by Calcutta High Court in the cases of Subodh Kumar Banerjee v. Hiramoni...

...Section 120 of the Civil Procedure Code, Sections 16, 17 and 20 of the Civil Procedure Code do not apply to a High Court in the exercise of its original civil jurisdiction. Jurisdiction of the Bombay High Court to entertain a suit under its ordinary original civil jurisdiction is determined by clause 12 of the Letters Patent of...the Bombay High Court. Under clause 12 of the Letters Patent, a.... Therefore, under clause 12 of the Letters Patent of the Bombay High Court, the Bombay High Court would have jurisdiction over the subject-matter of the dispute in the present case because the appellant...

...defendant in the action, was that the suit filed in the Bombay High Court, as aforesaid, after obtaining leave of that Court under clause 12 of the Letters Patent, was outside the territorial...substance in this contention. There was no inherent lack of jurisdiction in the Bombay High Court where the suit was instituted by the plaintiff-decree holder. The plaint had been filed after obtaining the necessary leave of the High Court under clause 12 of the Letters Patent. Whether..., therefore, be waived. In the instant case, when the plaintiff obtained the leave of the Bombay High Court on the original side, under clause 12 of the Letters Patent, the correctness of the procedure...

...Thread Co. Ltd. v. James Chadwick & Bros. Ltd.(.') construed cl. 15 of the Letters Patent for the Bombay High Court, corresponding to cl. 10 of the Letters (1) [1953...] S.C.R. 1028,1044. 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 Bombay High...the procedure to be followed by the High 'Court in the appeal, or as to whether the order passed in the appeal was appealable. Two points were raised before this Court, namely, (1) the provisions of the first part of cl. 15 of the Letters Patent for the Bombay High...

...under Section 6 of the Act, this was an order passed by learned Single Judge of the High Court exercising original jurisdiction. Therefore, under clause 15 of the Letters Patent which is a charter under which the High Court of Bombay functioned...learned counsel for the respondents that if clause 15 of the Letters Patent is invoked then the order would be appealable. Consequently, in our view, on the clear language of clause 15 of the Letters Patent which is applicable to Bombay High Court, the...Patent is extracted hereunder:“15. Appeal from the courts of original jurisdiction to the High Court in its appellate jurisdiction.—And we do further ordain that an appeal shall lie to the said High Court of Judicature at Madras, Bombay, Fort...

...parties is a judgment within the meaning of clause 10 of Letters Patent of Patna and so has been held, after considering the law of Letters Patent of Calcutta, Bombay and Madras High Court also...whether intra-court appeal before Division Bench against judgment of Single Judge is maintainable or not. Hon'ble the Apex Court considered clause 15 of the Letters Patent of Bombay High Court as well as...the law which was in force before the clause 15 of the Letters Patent of Bombay High Court, like Section 107 of the Government of India Act, 1915, General Clauses Act, 1897...

...Sub-Section (1) of Section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was...2010 (b) Whether Sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent bench of this Court established under Section 9 of the said Act of 1981 ? After hearing the learned counsel for the parties, we have also framed the following questions:- (c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court...maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution? (d) Whether the decision dated 20 June 2009 of a Division Bench of this Court in Sanjay Z. Rane and others vs. Smt. Saibai S. Dubaxi (since deceased) through her legal representatives and another, (Letters Patent Appeal...

...Sub-Section (1) of Section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was...2010 (b) Whether Sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent bench of this Court established under Section 9 of the said Act of 1981 ? After hearing the learned counsel for the parties, we have also framed the following questions:- (c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court...maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution? (d) Whether the decision dated 20 June 2009 of a Division Bench of this Court in Sanjay Z. Rane and others vs. Smt. Saibai S. Dubaxi (since deceased) through her legal representatives and another, (Letters Patent Appeal...

...Sub-Section (1) of Section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was...2010 (b) Whether Sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent bench of this Court established under Section 9 of the said Act of 1981 ? After hearing the learned counsel for the parties, we have also framed the following questions:- (c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court...maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution? (d) Whether the decision dated 20 June 2009 of a Division Bench of this Court in Sanjay Z. Rane and others vs. Smt. Saibai S. Dubaxi (since deceased) through her legal representatives and another, (Letters Patent Appeal...

...Sub-Section (1) of Section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was...2010 (b) Whether Sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent bench of this Court established under Section 9 of the said Act of 1981 ? After hearing the learned counsel for the parties, we have also framed the following questions:- (c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court...maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution? (d) Whether the decision dated 20 June 2009 of a Division Bench of this Court in Sanjay Z. Rane and others vs. Smt. Saibai S. Dubaxi (since deceased) through her legal representatives and another, (Letters Patent Appeal...

...Mudiyar's case (supra), the Hon'ble Supreme Court was considering Clause 15 of the Letters Patent (Bombay High Court). In the said case, a letters patent appeal was directed against an order passed by the Resident Deputy Collector, Amravati rejecting application for restoration of possession...Article 226 of the Constitution is according to the rules of a particular High Court heard by a Single Judge, an intra court appeal will lie from that judgment if such a right of appeal is provided in the charter of that High Court, whether such Charter be Letters Patent or a statute. Clause 15 of the Letters Patent of the Bombay High...Court gives in such a case a right of intra-court appeal and, therefore, the decision of a Single Judge of that High Court given in a petition under Article 226 would be appealable to a Division Bench of that High Court.xxx xxx103. Under clause 15 of the Letters Patent of the Bombay High...

...of Letters Patent of Bombay High Court and approved certain tests to determine as to when an order passed by a trial Judge can be said to be “judgment”. It was observed that in the course of trial of...Section 10 of the Delhi High Court Act, 1966. It is this question of maintainability of the appeal, which is being considered by us...Section 10 of the Delhi High Court Act, 1966 and such appeal Will be maintainable before a Division Bench. Learned counsel for the respondent reiterated his objection contending that the order is...

...Patent of Bombay High Court are different than the Punjab High Court, which exclude the intra Court appeal against the order passed in revisional jurisdiction. Even under the Letters Patent (Bombay), an appeal is not maintainable against an order passed in petition under Article 227 of the...Letters Patent Appeal under Clause X of the Letters Patent against an order passed by the learned Single Judge challenging an order passed by the Civil Court is no longer res-integra and stands...dismissing the Letters Patent Appeal filed under Clause X of the Letters Patent as not maintainable. 2. Facts in brief required to be noticed are as under:- An application...

...applicable in Madhya Pradesh is in pari maleria the same as provided in Clause 15 of the Letters Patent of Bombay High Court. Clause 10 of Letters Patent reads : " 10...226 of the Constitution is according to the rules of a particular High Court heard by a single Judge, an intra Court appeal will lie from that judgment if such a right of appeal is provided in the charter of that High Court, whether such Charter be Letters Patent or a Statute. Clause 15 of the Letters Patent of the Bombay High...." The result is that an intra Court appeal does not lie against the judgment of a single Judge of the Bombay High Court given in a petition by such appeal expressly barred by Clause 15 of the Letters Patent Court...

...judgment by a learned Single Judge. Against the said common judgment, the present Letters Patent appeals have been filed. Clause 15 of the Letters Patent of Bombay High Court is in pari materia with Clause...Khimji's case (supra) and distinguished it holding that in Shah Bobulal Khimji's case (Supra) the suit was filed on the original side of the Bombay High Court and the learned Single Judge on the original side passed an interlocutory order against which appeal was maintainable to the Division Bench under the Letters Patent.7. It is well known that a judgment must be read as a whole and the observations made therein have to be considered in the lightt of the...R.K Patra, J.:— The aforesaid three Letters Patent Appeals under clause 10 of the Orissa High Court Order are directed against a common judgment dated 18-5-1995 of the learned Single judge...

...‘suit for land’ and is, therefore, triable under Clause-12 of Letters Patent of Bombay High Court and that in a suit for land no order for delivery of possession can be validly passed without any...is executed in compliance of the decree, delivery of possession has to follow.12. This High Court has already decided this issue in case of Bhanu Pratap Sah v. Bhagmuni...1985 filed by the opposite party was decreed in part.4. Against the decree of trial Court dismissing Title Suit No. 94 of 1985, the petitioner filed Title Appeal No. 93 of 1987, whereas...