TMI Blog2001 (5) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the order of a learned Single Judge of the Patna High Court passed in M.A.No.494 of 1996 dated April 13, 1998, is maintainable. The following resume of the facts will be helpful in appreciating the question. The appellant is the owner of a truck which met with an accident, on February 1, 1996, resulting in the death of one Pradeep Kumar. The parents of the victim filed a Claim Case No.31 of 1996 under Section 140 of the Motor Vehicles Act, 1988. On October 15, 1996, the learned Trial Judge, Madhubani, Bihar ordered that interim compensation of ₹ 50,000/- be paid to the claimants by the Insurance Company within one month. Against that order, M.A.No.494 of 1996 was filed by the Insurance Company, which was allowed by a learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re provided, an appeal shall lie to the said High Court from a judgment of one Judge of the said High Court or one Judge of any Division Court, pursuant to Section 108 of the Government of India Act (Article 225 of the Constitution of India) in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the superintendence of the said High Court where the Judge who passed the judgment declared that the case is a fit one for appeal. It can thus be seen that for purposes of appeal, under this clause, judgments of one Judge of the High Court of Patna are classified in two groups. In the first group fall judgments from which appeal will lie to the said High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a Single Judge passed in the second appeal was not maintainable. In National Sewing Thread (supra), the case arose from the order of the Registrar of Trade Marks. The first appeal against the order of the Registrar was filed under Section 76(1) of the Trade Marks Act, 1940 before the High Court which was decided by a learned Single Judge. No procedure was prescribed as to the hearing of the appeal under that Act. The question that arose for consideration was : whether the judgment of the learned Single Judge was appealable to the Division Bench under clause 15 of the Letters Patent, Bombay. It was held that the High Court had to exercise its appellate jurisdiction under Section 76 of the said Act in the same manner as it exercised its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in second appeal; (ii) an order made by one Judge of the High Court in exercise of revisional jurisdiction; and (iii) a sentence or order passed or made in exercise of power under the provisions of Section 107 of Government of India Act, 1915 (now Article 227 of the Constitution of India) or in exercise of criminal jurisdiction. Learned counsel for the respondents, however, argued that clause 10 provides that an appeal shall lie to the said High Court only from a judgment passed in exercise of the appellate jurisdiction not being a judgment passed in the exercise of the appellate jurisdiction and as the judgment of the learned Single Judge was passed in the appellate jurisdiction, a Letters Patent Appeal was not maintainable. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. From the order/judgment of one Judge, a letters patent appeal (second appeal) was filed before the Division Bench under clause 10 of the Letters Patent of Orissa High Court. The Division Bench of the High Court held that the Letters Patent Appeal was not maintainable. Having regard to the provision of Section 104(2), the appeal before the Division Bench was barred. On appeal to this Court it was held : As held earlier, the right of appeal is a creature of the statute and the statute having expressly prohibited the filing of second appeal under sub- section (2) of Section 104, the right of appeal provided under clause 10 of the Letters Patent would not be available. Therefore, reliance on the judgment of this Court in New Kenil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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