UMAJI KESHAO MESHRAM & ORS. versus RADHIKABAI W/O ANANDRAO BANAPURKAR & ANR.

UMAJI KESHAO MESHRAM & ORS. versus RADHIKABAI W/O ANANDRAO BANAPURKAR & ANR.

An intra-court appeal does not lie under clause 15 of the Letters Patent of the Bombay High Court from a Single Judge’s judgment in a petition under Article 227 of the Constitution, as such appeals are expressly barred by the Letters Patent.

Parties
Appellants: Umaji Keshao Meshram & Ors.; Respondents: Radhikabai W/o Anandrao Rajaporkar & Anr.
Jurisdiction
India
Judgment Date
14 March 1986
Procedural Posture
Appeal by Special Leave / Final Supreme Court Judgment
Outcome
Appeal dismissed.
Legal Topics
Maintainability of Intra Court Appeals Under Letters Patent, Interpretation of Constitution Articles 225, 226, 227, Jurisdiction of High Courts, Rule Making Power of High Courts
Constitutional Law Civil Procedure Maintainability of Intra Court Appeals Under Letters Patent Interpretation of Constitution Articles 225, 226, 227 Jurisdiction of High Courts Rule Making Power of High Courts

Case Brief

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Parties

Umaji Keshao Meshram & Ors.

Appellants

Radhikabai W/o Anandrao Rajaporkar & Anr.

Respondents

Procedural Posture

Appeal by Special Leave / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether an intra-court appeal under clause 15 of the Letters Patent lies to a Division Bench of the Bombay High Court from the judgment of a Single Judge in a petition under Article 227 of the Constitution
  2. 2 Interpretation of expressions 'pursuant to section 108 of the Government of India Act' and 'power of superintendence under the provisions of section 107 of the Government of India Act' in clause 15
  3. 3 Effect of Rule 18 of the Bombay High Court Appellate Side Rules, 1960 on the right of appeal in proceedings under Articles 226/227

Ratio Decidendi

An intra-court appeal does not lie under clause 15 of the Letters Patent of the Bombay High Court from a Single Judge’s judgment in a petition under Article 227 of the Constitution, as such appeals are expressly barred by the Letters Patent.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • Parties will bear and pay their own costs of this Appeal.