Bhatinda Chemicals Ltd. Vs. the Addl. Dist. Judge and ors. - Court Judgment

Excerpt:

.....appeal shall lie. even otherwise, the word judgment as defined under section 2(9) means a statement given by a judge on the grounds of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept in mind that the special statute only provide for an appeal to the high court. it has not made any provision for filing appeal to a division bench against the judgment or decree or order of a single judge. no letters patent appeal shall lie against a judgment/order passed by a..........award but has not been able to obtain stay. the claimants are getting the award executed and in pursuance of the same recovery certificate under section 3(1) of the revenue recovery act, 1890 has been issued against the petitioner. the petitioner is challenging the recovery which is being made against him.2. after hearing the learned counsel for the petitioner, we find that this petition is without merit. counsel for the petitioner has argued that the recovery is not being made in accordance with law. according to him if the property from which the recovery is to be made is in a district other than that in which the arrears accrued or sum is payable, the collector has to send a certificate to collector of that other district for recovery and according to learned counsel for the petitioner this procedure is not followed and, therefore, recovery proceedings against him are not legal.3. this does not lie in the mouth of the petitioner who has not honoured and award of the tribunal in which unfortunate widow and minor children of the deceased have not received compensation. the date of the award is 11-9-1993 and till date, the petitioner has not cared to honour the award. learned.....