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1995 Supreme(Kar) 130

A.J.SADASHIVA, G.T.NANAVATI
MANAGEMENT OF KALPANA THEATRE – Appellant
Versus
B. S. RAVISHANKAR MAJOR – Respondent


Advocates:
C.B.SRINIVASAN, K.SUBBA RAO, N.RAMACHANDRA, R.GURURAJAN, R.SRIDHAR HIREMATH, T.N.RAGHUPATHY

G. T. NANAVATI, J.

( 1 ) IN these three appeals, a common question of law arises as regards their maintainability under Section 4 of the Karnataka High Court Act, 1961 (for short, the 'act' ). The objection raised in this behalf is that they are not appeals from the Judgment or Orders passed by a single Judge in exercise of the original jurisdiction.

( 2 ) SECTION 4 of the Act, provides for an appeal from a judgment, decree, order or sentence passed by a single Judge in the exercise of the original jurisdiction under the Act or under any law for the time being in force, to a Bench consisting of two other Judges of the High Court.

( 3 ) WHAT is contended on behalf of the appellants is that the appellants had filed the petitions both 'under'articles 226 and 227 of the Constitution. It was submitted that in those petitions, the appellants had challenged the orders passed by the Tribunals/ Courts on the ground that they are erroneous and not on the ground that the concerned Court/tribunal had not functioned within the limits of its authority. It was submitted that for that reason, the petitions should be treated as petitions filed under Article 226 and not under Article 227 of the Const














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