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2011 (10) TMI 526 - SC - Indian LawsWhether directions 1 to 15 in Madhuri Patil are impermissible, being legislative in nature? Whether directions 11 and 12 in Madhuri Patil, which exclude the jurisdiction of the civil court to entertain suits challenging the decisions of the Caste Scrutiny Committees, violate section 9 of the Code of Civil Procedure? Whether direction 13 in Madhuri Patil barring intra-court appeals against decisions of Single Judges in writ petitions, when such appeals are specifically provided for in State enactments/Letters Patents, is valid and proper? Held that:- Appeal allowed. The second sentence of clause 13 providing that where the writ petition is disposed of by a single judge, no further appeal would lie against the order of the division bench (even when there is a vested right to file such intra-court appeal) and will only be subject to a special leave under Article 136, is not legally proper and therefore, to that extent, is held to be not a good law. The second sentence of direction No.(13) stands overruled. As a consequence, wherever the writ petitions against the orders of the scrutiny committee are heard by a single judge and the state law or Letters Patent permits an intra-court appeal, the same will be available.
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