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sunny (nil)     07 March 2025

Appeal against case that was referred to double bench.

Only for knowledge. Where an appeal can be made against decision of single bench high court, case was referred to double bench during hearing. 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     08 March 2025

If the decision was passed by division bench then the appeal would lie before supreme court.

sunny (nil)     08 March 2025

Division bench gave its opinion on referred case and case forwarded to single bench. Judgement is given by single bench based on the opinion received from division bench. 

T. Kalaiselvan, Advocate (Advocate)     08 March 2025

The single judge's decision can be appealed before a division bench in India provided the single judge must declare that the case is fit for appeal, the single judge must declare that the case is fit for appeal and the decision of the single judge must be in a petition under Article 226.

1 Like

Dr. J C Vashista (Advocate )     08 March 2025

The order passed by Single Judge of the High Court is stated to have been referred to double bench of the High Court and vice versa subsequently double bench is stated to have forwarded to single judge, either you are confused or playing over-smart ???

1 Like

sunny (nil)     08 March 2025

Case was heard at single bench. Their was already a judgement of single bench related to this query. So single bench give remarks in contrast to already settled case and referred case to division bench as he can't overturn already given judgement. 
Then division bench gave its opinion  on queries raised in reference  and forwarded case back to single bench. 

T. Kalaiselvan, Advocate (Advocate)     09 March 2025

If the single bench passed the judgement subsequently then you may have to prefer an appeal before the division bench only subject to the conditions mentioned in my previous post in this thread.

1 Like

P. Venu (Advocate)     10 March 2025

Now that the DB has given its opinion, the SB needs to decide the issue. Depending upon the type of the case, Appeal lies to the DB of the same High Court or the Supreme could be approached with the leave of the Court or theough an SLP.

Dr. J C Vashista (Advocate )     11 March 2025

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