THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006

Act No. 1 of 2007

An Act to provide for an appeal from a judgment or order passed by one Judge of the High Court in exercise of the original jurisdiction, to a Division Bench of the same High Court. Be it enacted by the Chhattisgarh Legislature in the fifty-seventh year of the republic of India as follows :-

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S.3 Power to make rules

(1) The High Court may, from time to time, make rules for carrying out all or any of the purpose of the Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the procedure of filing, hearing and disposal of appeal under sub-section (3) of section 2.

S.4 Repeal and Saving

(1) The Chhattisgarh Uchcha Nyayalaya (Letter Patent Appeals Samapti) Adhiniyam, 1981 (No. 29 of 1981) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under or in pursuance of the said Act and which has attained finality shall not be reopened in any court of law.

S.1 Short title and commencement

(1) This Act may be called the Chhattisgarh High Court (Appeal to Division Bench) (Amendment) Act, 2013.

(2) It shall come into force from the date of its publication in the Official Gazette.

S.2 Amendment of Section 2

After first proviso of sub-section (1) of Section 2 of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 (No. 1 of 2007), the following shall be added, namely :-

"Explanation-Where points raised in the petition before the Division Bench against the order of judgment of the Single Judge were adjudicated upon, by the Sub-ordinate Court, Tribunal or Quasi-Judicial Authority, as the case may be, it shall be presumed that such order or judgment by the Single Judge of the High Court has been passed in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India."

The Explanation to the first proviso of sub-section (1) of Section 2 of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 (No. 1 of 2007) shall stand omitted.