A Court Immediately Below - Definition - Law Dictionary Home Dictionary Definition a-court-immediately-below

Definition :

A court immediately below. The expression 'a court immediately below' and a court subordinate to the High Court have different meanings, and are, therefore, not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a court subordinate to the High Court but whether the judgment is of a court immediately below, and that a Single Judge of the High Court hearing a proceeding either as a court of original jurisdiction or in exercise of appellate jurisdiction is a court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattammal, AIR 1971 SC 658 (659): (1971) 1 SCC 274.