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september 2008

Supreme Court of India · 2008-09-23

SHAHU SHIKSHAN PRASARAK MANDAL vs LATA P. KORE .

Citation / case number
SC 2005/6494
Court
Supreme Court of India
Petitioner
SHAHU SHIKSHAN PRASARAK MANDAL
Respondent
LATA P. KORE .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court held that the Division Bench of the Bombay High Court erred in dismissing the Letters Patent Appeal on the grounds of maintainability. It clarified that under Rule 18 of the Bombay High Court Appellate Side Rules, 1960, appeals from Single Judge orders under Article 226 of the Constitution are maintainable. The Court emphasized that if a party files under both Articles 226 and 227, the application should be treated as made under Article 226, preserving the right to appeal under Clause 15 of the Letters Patent. The impugned order was set aside, allowing the appeal to proceed.

SHAHU SHIKSHAN PRASARAK MANDAL vs LATA P. KORE . · Niyam