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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, CJ., SAVITRI RATHO, SIBO SANKAR MISHRA
Laba Kumar Rath, S/o. Babu Rath – Appellant
Versus
State of Odisha, Represented Through The Secretary To Government – Respondent
| Table of Content |
|---|
| 1. intra-court appeal context and jurisdiction. (Para 1 , 2 , 3) |
| 2. maintainability arguments from both parties. (Para 4 , 19 , 20) |
| 3. court's analysis of maintainability based on precedent. (Para 6 , 9 , 11 , 22 , 24 , 32) |
| 4. determination on intra-court appeal not being maintainable. (Para 21 , 33) |
| 5. final dismissal of the intra-court appeal. (Para 34) |
Judgment :
1. This matter is taken up through Hybrid mode.
3. When this appeal was taken up on 07.10.2024, its maintainability was questioned on behalf of the respondents on the ground that an intra-court appeal would not lie against an appellate order passed by a learned Single Judge of this Court under Section 24 -C of the Act, relying on a Full Bench decision of this Court in case of Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz, reported in 2008 SCC OnLine Ori 46 (AIR 2009 Ori 46), affirmed by the Supreme Court in Mohd. Saud v. Dr. (Maj.) Shaikh Mahfooz: (2010) 13 SCC 517
5. In case of Mahammed Saud (FB) (supra), the Full Bench of this Court has held in paragraph 46 as under:
6. In Prasanna Kumar Sahu (supra), the Division Bench of this Court, after noticing an order passed by another Division Bench of this Court in case
Appellants urged that Section 100A of Civil Procedure Code does not use expression 'award' and only restriction to further appeal is from Judgment, decree or order in an appeal from appellate or orig....
The maintainability of intra-court appeals concerning orders made in criminal jurisdiction under Clause 15 of the Letters Patent is established as not permissible, emphasizing the nature of the proce....
Intra Court Appeals arising from orders passed in criminal jurisdiction by a Single Judge are not maintainable under Clause 15 of the Letters Patent.
The main legal point established is that the appeal must meet the criteria set out in Rule 5 of Chapter VIII of the Rules of Court 1952 to be deemed maintainable.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.
An intra-court appeal against an order dismissing contempt proceedings is not maintainable as per Section 19(1) of the Contempt of Courts Act, 1971, which allows appeals only against orders imposing ....
The court ruled that retired ad hoc teachers must be considered for regularization under Section 33-G, regardless of their retirement status, emphasizing the importance of full bench rulings.
The appeal from an order passed by a single judge under the writ jurisdiction, disposing finally a criminal case, is prohibited due to the specific bar of section 362 of the Criminal Procedure Code (....
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