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Report No. 79

11.4. Reason for hearing ) Division Bench.-

In regard to regular first appeals, our recommendation 1that they should be heard by Division Benches was influenced by the fact that these appeals have an importance of their own, and it is but meet that there should be an application of plurality of minds for their disposal. Regarding other first appeals2 our recommendation was based on the view that important though they are, their importance cannot rank on the same level as that of regular first appeals.

We, therefore, recommended that except where the statute so provides otherwise, such appeals may be heard and decided by single judges. This would result in larger disposal of the appeals belonging to this category. It may be that some of these appeals against orders might involve questions of importance. In such cases, it would be always open to the single judge before whom these appeals are posted to direct, either at the time of admission or at the time of regular hearing, that they be posted before a Division Bench. In any case, the ,decision of the single judge should, as already stated, have a stamp of finality.3

1. Para. 11.3(b), supra.

2. Para. 11.3(c), supra.

3. Para. 11.3(c), supra.

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