Supreme Court of India

Kamal Kumar Dutta v Ruby General Hospital Ltd

Civil Appeal No. 3471 of 2006 (Supreme Court of India, decided 11 August 2006)20061 min read
The case in brief30-second read
Facts
An order of the Company Law Board was challenged in appeal under S.10F of the Companies Act, 1956 before a Single Judge of the High Court. A Letters Patent appeal was then filed before a Division Bench.
Issue
Whether a Letters Patent appeal lies from the judgment of a Single Judge deciding an appeal from an original order.
Held
S.100A CPC, which opens with a non obstante clause, takes away the Letters Patent power in such cases. Once a Single Judge has decided an appeal from an original or appellate decree or order, no further appeal lies.
Principle
S.100A bars a Letters Patent appeal from a Single Judge deciding an appeal.
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Facts

  • An order of the Company Law Board was challenged in appeal under S.10F of the Companies Act, 1956 before a Single Judge of the High Court. A Letters Patent appeal was then filed before a Division Bench.

Issue

  1. Whether a Letters Patent appeal lies from the judgment of a Single Judge deciding an appeal from an original order.

Held

  • S.100A CPC, which opens with a non obstante clause, takes away the Letters Patent power in such cases. Once a Single Judge has decided an appeal from an original or appellate decree or order, no further appeal lies.

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Citation

Kamal Kumar Dutta v Ruby General Hospital Ltd Civil Appeal No. 3471 of 2006 (Supreme Court of India, decided 11 August 2006)

Reported: https://indiankanoon.org/doc/1496375/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.