Abolition of appeal from judgement or order of single Judge of High Court made in exercise of original or appellate jurisdiction.

§3

Summary

(1) Notwithstanding anything contained in the Letters Patent for High Court of Judicature at Bombay, dated the 28th December 1865 and in any other instrument having the force of law or in any other law for the time being in force, no appeal, 1[arising from the applications referred to in section 2 or an appeal under any statute instituted or commenced,] whether before or after the commencement of this Act, shall lie to the High Court form a judgement, decree or order of a single Judge of the High Court made on or after the commencement of this Act, whether in the exercise of the original or appellate jurisdiction of the High Court. 2[Provided that, the judgement or orders passed by the High Court during the period commencing from the 1st July 1987 and ending on the date of commencement of the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Act, 2008 (Mah. XXVII of 2008), in any appeal against judgement or order passed by a single judge in any such application or appeal, shall be deemed to have been validity passed and shall not be called in question in any Court on the ground that no appeal was provided against such judgement or order of a single judge.] (2) Notwithstanding anything contained in sub-section (1), all such appeals pending before the High Court, on the date immediately preceding the date of 1[commencement of the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Act, 2008 (Mah. XXVII of 2008),] shall be continued and disposed of by that court, as if this Act had not be been passed.

(1) Notwithstanding anything contained in the Letters Patent for High Court of Judicature at Bombay, dated the 28th December 1865 and in any other instrument having the force of law or in any other law for the time being in force, no appeal, 1[arising from the applications referred to in section 2 or an appeal under any statute instituted or commenced,] whether before or after the commencement of this Act, shall lie to the High Court form a judgement, decree or order of a single Judge of the High Court made on or after the commencement of this Act, whether in the exercise of the original or appellate jurisdiction of the High Court. 2[Provided that, the judgement or orders passed by the High Court during the period commencing from the 1st July 1987 and ending on the date of commencement of the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Act, 2008 (Mah. XXVII of 2008), in any appeal against judgement or order passed by a single judge in any such application or appeal, shall be deemed to have been validity passed and shall not be called in question in any Court on the ground that no appeal was provided against such judgement or order of a single judge.] (2) Notwithstanding anything contained in sub-section (1), all such appeals pending before the High Court, on the date immediately preceding the date of 1[commencement of the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Act, 2008 (Mah. XXVII of 2008),] shall be continued and disposed of by that court, as if this Act had not be been passed.

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