SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(Jhk) 628

VINOD KUMAR GUPTA, D.N.PRASAD
Alok Coal Agency – Appellant
Versus
Dhaneshwari Devi – Respondent


ORDER

1. Perused the Stamp Reporters report regarding the non-maintainability of the appeal under Clause 10 of the Letters Patent based on a Division Bench judgment of this Court in the case of Chhaya Rani v. Dhan Devi @ Srimati Dhan Dei, 1997 (2) All PLR 147.

2. We have perused the aforesaid judgment and find that the Division Bench has taken a view that having regard to the history of legislation and limited and restricted nature of appeal as contemplated in Section 30 of the Workmens Compensation Act, 1923, (hereinafter referred to as the W.C. Act), an appeal from the judgment of the Single Judge passed under Section 30 of the W.C. Act is not maintainable under Clause 10 of the Letters patent.

3. Learned counsel for the appellant has invited our attention to a judgment of the Supreme Court in the case of Chandra Kanta Sinha v. Oriental Insurance Co. Ltd. and Ors., 2001 (3) JCR 268 (Jhr) : 2001 (2) JLJR 206, wherein their Lordships have taken a contrary view and have held that an appeal against the judgment of a single Judge passed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as the M.V. Act) is appealable to a Division Bench under clause 10 of th






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top