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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 :
Chakradhari Sharan Singh, CJ.
1. This matter is taken up through Hybrid mode.
2. The present intra-court appeal has been preferred against a judgment/order dated 09.05.2024 passed by a learned Single Judge of this Court in FAO No.119 of 2024 filed under Section 24 -C of the Orissa Education Act, 1969 (in short ‘the Act’).
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 Mahfoo
An intra-court appeal is not maintainable against orders of a learned Single Judge under Section 24-C of the Orissa Education Act, 1969, as per the Full Bench ruling prohibiting such appeals post-ame....
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 High Court should not entertain writ petitions under Article 226 when effective alternative remedies under the SARFAESI Act are available; exceptions apply in cases of jurisdictional errors, frau....
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.
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