Chhattisgarh High Court (Appeal to Division Bench) Act, 2006
(Act No. 1 of 2007)
Last Updated 5th November, 2019 [cg161]
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Amended by Act No. 25 of 2016, dated 7.1.2016
Amended by C.G. Act No. 2 of 2014, dated 30.7.2013
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[Dated 06.01.2007]
Published in C.G. Rajpatra (Asadharan) dated 6-1-2007 Page 12(1).
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 : -
1. Short title and commencement. - (1) This Act may by called the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006.
(2) It shall come into force from the date of its publication in the Official Gazette.
2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original jurisdiction. - (1) An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original Jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court:
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[Explanation. - Where points raised in the petition before the Division Bench against the order or 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.]
(2) An appeal under sub-section (1) shall be filed within 45 days from the date of order passed by a single Judge ;
Provided that any appeal may be admitted after the prescribed period of 45 days, if the petitioner satisfies the Division Bench that he had sufficient cause for not preferring the appeal within such period.
Explanation. - The fact that the petitioner was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may by sufficient cause within the meaning of this sub-section.
(3) An appeal under sub-section (1) shall be filed, heard and decided in accordance with the procedure as may be prescribed by the High Court.
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 subsection (3) of section 2.
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.
