2008 (9) TMI 1026 - HC - Indian Laws

Court Rules No Intra-Court Appeal for Single Judge Judgments

Mohd. Riyazur Rehman Siddiqui Versus Deputy Director of Health Services

The court held that post-amendment to Section 100A of the Code of Civil Procedure, no Letters Patent Appeal (LPA) is maintainable against judgments by a ... - Issues Involved:1. Maintainability of Letters Patent Appeal post-amendment to Section 100A of the Code of Civil Procedure.2. Applicability of Section 100A to appeals under special statutes like the Motor Vehicles Act.3. Nature and jurisdiction of the Motor Accident Claims Tribunal.4. Legislative intent behind Section 100A and its impact on intra-Court appeals.Detailed Analysis:1. Maintainability of Letters Patent Appeal Post-Amendment to Section 100A of the Code of Civil Procedure:The core issue was whether, after the amendment to Section 100A of the Code of Civil Procedure (CPC) effective from July 1, 2002, a Letters Patent Appeal (LPA) against the judgment rendered by a Single Judge of the High Court is maintainable. The court held that Section 100A, which includes a non-obstante clause, explicitly bars further appeals from judgments or decrees passed by a Single Judge in appellate jurisdiction. The legislative intent was to minimize the delay in finality of decisions by restricting the right to intra-Court appeals. The court concluded that no LPA would be maintainable against the judgment of a Single Judge under the amended Section 100A of the CPC.2. Applicability of Section 100A to Appeals Under Special Statutes Like the Motor Vehicles Act:The court examined whether appeals arising from special statutes like the Motor Vehicles Act, 1988, would be maintainable under Clause 15 of the Letters Patent against the judgment passed by a Single Judge. It was noted that the Motor Vehicles Act does not provide for a second appeal. The court emphasized that the right to appeal is a statutory right and cannot be assumed or inferred in the absence of explicit provisions. The court held that appeals under Section 173 of the Motor Vehicles Act, decided by a Single Judge, are not subject to further intra-Court appeals due to the bar imposed by Section 100A of the CPC.3. Nature and Jurisdiction of the Motor Accident Claims Tribunal:The court assessed whether the Motor Accident Claims Tribunal (MACT) possesses the trappings of a Civil Court. It was determined that the MACT, though not a Civil Court in the strict sense, has the trappings of one, as it exercises judicial functions, can summon witnesses, record evidence, and pass orders akin to a Civil Court. The MACT's awards are considered judgments or orders. The appellate jurisdiction exercised by the High Court under Section 173 of the Motor Vehicles Act involves applying the CPC provisions, thus aligning with the characteristics of a Civil Court.4. Legislative Intent Behind Section 100A and Its Impact on Intra-Court Appeals:The court highlighted the legislative intent behind the introduction of Section 100A, which was to curtail the right to a second appeal and to ensure the finality of judgments passed by Single Judges in appellate jurisdiction. The non-obstante clause in Section 100A overrides other laws, including the Letters Patent. The court emphasized that the legislative scheme aimed to reduce litigation and expedite the judicial process by limiting the scope of appeals. Consequently, the court held that the provisions of Section 100A take precedence over Clause 15 of the Letters Patent, thereby barring intra-Court appeals against judgments rendered by Single Judges in appellate jurisdiction.Conclusion:The court concluded that post-amendment to Section 100A of the CPC, no LPA is maintainable against the judgment rendered by a Single Judge of the High Court in appellate jurisdiction, including those under the Motor Vehicles Act. The legislative intent to restrict intra-Court appeals and ensure the finality of decisions is clear and unambiguous, thus overriding the provisions of the Letters Patent. The appeals in question were dismissed as non-maintainable.