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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J, , CJ
Ajay Jagarnath Gupta v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. proviso to s.2(1) of the act highlighted. (Para 1 , 2) |
| 2. competing arguments on the interpretation of the proviso. (Para 3 , 4 , 5) |
| 3. confirmation of provisions related to appeals. (Para 6 , 9 , 10) |
| 4. interpretation guidelines established for statutory provisions. (Para 11 , 12 , 13 , 14) |
| 5. definition and scope of interlocutory orders. (Para 20 , 21 , 22) |
| 6. final conclusion on the barring of appeals on interlocutory orders. (Para 30) |
| 7. discussion on the advisory nature of the reference jurisdiction. (Para 31 , 32 , 33 , 34) |
1. The following question has been referred to the Full Bench:
'Whether the proviso to S.2(1) of the Act, 2006 is an absolute bar to entertain an appeal against an interlocutory order without considering the scope of the order and without considering whether the interlocutory order has decided the rights of the parties and has an element of finality attached to it?'
2. To appreciate the issue and the rival contentions of the parties, it would be appropriate to refer to S.2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act , 2006 which reads as follows:
'2. Appeal to Division Bench of the High Court from a judgment or order of one J
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