Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Rohit Arya, Milind Ramesh Phadke, JJ.
Kripal Singh Baghel & Ors. – Appellants
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Appeal No. 1586 of 2022
Decided On : 06-12-2022
Principles of Law - Intra-court Appeal - Correct application of legal principles by writ court leading to dismissal of writ petition
Fact of the Case:
The intra-court appeal was filed against the order of the writ court dismissing the Writ Petition No.26016 of 2022.
Finding of the Court:
The Court found that the writ court had correctly applied the principles of law in dismissing the Writ Petition, and there was no illegality warranting interference by the appellate court.
Issues: The issue was whether the writ court had applied the correct principles of law in dismissing the Writ Petition.
Ratio Decidendi: The ratio decidendi was that the writ court had indeed applied the correct principles of law, and there was no illegality warranting interference by the appellate court.
Final Decision: The Writ Appeal was found to be without merit and was dismissed by the appellate court.
JUDGMENT
Rohit Arya, J. - This intra-court appeal under Section 2(1) of Madhya Pradesh Uchcha Nayayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 15th November, 2022 passed in Writ Petition No.26016 of 2022 by the learned Single Judge.
2. Having perused the impugned order, this Court is of the view that the learned writ Court has applied correct principles of law while dismissing the Writ Petition. There is no illegality warranting interference by this Court in the instant intra-court appeal.
3. Consequently, the Writ Appeal sans merit and is hereby dismissed.
Intra court appeals under Clause X of the Letters Patent are not maintainable against interim orders that do not finally decide any issues in controversy.
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.
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....
The distinction between Articles 226 and 227 of the Constitution of India and the limitations and scope of the High Court's jurisdiction under these articles.
The main legal point established in the judgment is the distinction between original jurisdiction and supervisory jurisdiction under Article 226 and Article 227 of the Constitution of India, and the ....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
