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Report No. 79

11. Appeals against judgments of single judges

(66) An appeal under the Letters Patent of the High Court (or corresponding instrument) lies to a Bench of the High Court against the decision of a single judge given in original proceeding, or in first appeals. In the latter case, it is virtually a second appeal.1

(67) The reason why hearing by a Division Bench is recommended in an earlier Chapter for regular first appeals is that there should be an application of plurality of minds.2 Other appeals may be heard by single judges, unless otherwise provided by law or directed by the judge.3

(68) Since judgments of a single judge on second appeal from subordinate courts are binding, even on matters of law, it is anomalous that the judgments of single judges lose their binding force when the matter is heard in first appeal. Judgments in first appeals decided by a single judge should be final, except where certificate or special leave is granted for appeal to Supreme Court.4

(69) Above discussion is not intended to affect the maintainability of appeals against the decisions of single judges on the original side.5

1. Paras. 11.1 to 11.4.

2. Para. 11.4.

3. Paras. 11.5 to 11.7.

4. Paras. 11.4 to 11.7.

5. Para. 11.9.

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