2003 (6) TMI 464

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....arises under the Motor Vehicles Act, 1988. The claim petition filed by the appellant herein seeking compensation for the injuries sustained by her in an accident has been dismissed by the Motor Accidents Claims Tribunal (District Judge), Nizamabad, against which an appeal was filed before the learned single Judge of this Court under Section 173 of the Act. The learned Judge dismissed the said appeal by order dated 14-6-2002, against which the present LPA has been filed. 3. The short question that falls for consideration is as to whether the letters patent appeal preferred against the order of the learned single Judge made in C.M.A. No. 88 of 1998 is maintainable? 4. This Court in S. Shiva Raja Reddy and others v. S. Raghu Raj Reddy, 1 (DB....

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....lative declaration. The said legislative declaration prohibits preferring of a further appeal against the judgment and decree of a learned single Judge even if an appeal is provided in any other law for the time being in force. The expression 'in any instrument having the force of law or in any other law for the time being in force' takes into its ambit of the legislations including the special enactments where a right of appeal may have been provided against the judgment and decree of a learned single Judge to a Division Bench. What is prohibited is preferring of a further appeal to a Division Bench against the judgment and decree of a single Judge not only under the Letters Patent for any High Court, but also under any special ena....

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.... placed reliance upon the decision of the Supreme Court in Vinita M. Khanolkar v. Pragna M. Pai, in support of his submission that the power flowing from the paramount charter under which the High Court functions would not get excluded by a provision incorporated in the Code. The said judgment, in our considered opinion, not only does not support the submission made by the learned counsel for the appellant, but also is clearly against him. The Supreme Court observed: "Even the power flowing from the paramount charter under which the High Court functions would not get excluded unless the statutory enactment concerned expressly excludes appeals under letters patent. No such bar is discernible from Section 6 (3) of the Specific Relief Ac....

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.... it provides that the appeal will be to the High Court and not to any other court e.g., the District Court. The term "an appeal" does not restrict it to only one appeal in the High Court. The term "an appeal" would take within its sweep even a letters patent appeal." 13. The Supreme Court having held that Section 54 of the Land Acquisition Act, 1894 in no manner effects or restricts the right of an aggrieved individual to file a letters patent appeal observed that "a Letters Patent is the charter under which the High Court is established. The powers given to a High Court under the Letters Patent are akin to the constitutional powers of a High Court. Thus when a Letters Patent grants to the High Court a power o....