Amendment status not verified — confirm the current text below against the official source.
Appeal to the Division Bench of the High Court &om a ad&ment or order of one Judge of the Hlgb Court made ln exercise r or:lglnal Jurladlctlon.-(1) An appeal shall lie from a Judgment or rder passed by one Judge of lhe High Court in exercise of original irtsdtctton under Article 226 of the Constitution of India, to a Dlvi ton ench Comprising of two Judges of the same High Court: Provided that no such appeal shall Ue against an Interlocutory rder or again tan order passed In exercise of supervisory jurtsdicl)f>n nder Article 227 of the Constltutlon of India. ? ,") I 12) An appeal under sub-secuon (1) shall be filed within 45 days 'Om the date of order passed by a single Judge: CHC)388 assume immense significance. It wou.J.?not be an overemphasis to ?tate that an order jn a writ. petition can fit into the subtle contour of Articles 226 and 227 of the Constitution in a composite manner and they can coincide, co-exit, overlap or imbricate. In this context it is apt to note Lhat there may be cases where the learned Single Judge may feel disposed or inclined to issue a writ to do full and complete justice because it is to be borne in mind that Article 226 of the Constitution is fundamentally a reposilory and reservoir of justice based on equity end good conscience. It will depend upon factual matrix of each case. In view of the aforesaid premised reasons, we are oft.he humble view that dismissal of an appeal from Romo: and Co. u. State of M.P., 2007(3) .MPLJ 154 = 2007(3) MPHT 325 "" 2007(II) MPJR 229 (DB), is not a binding precedent as there are earlier judgments in the field ?nd the ?gh ?ourt bound to follow the earlier decisions as per the law laid down m Union of India u. Raghubir Siflgh (dead) by L.Rs. etc., AIR 1989 SC 1933, Indian Oil Corporation Ltd. u. Municipal Corporation, AIR 1995 SC 1480, N.S. Gin v. Corporation of City of Man.galore, 1999(4) SCC 697, Chandra Prakash u. State of U.P., 2002 AIR SCW 1673, Jabolpur Bus Operators Association u. State of M.P., 2003(1) MPLJ 513=2003(1) MPJR 158(FB) and S. Brahmanand u, KR. Muthugopal (dead) and others, 2005(12) SCC